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Class 3 

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Copyright^ . 



COPYRIGHT DEPOSIT. 



A PRACTICAL TREATISE 



on The: 



CIVIL GOVERNMENT 



OF 



Arkansas and the United States. 



For Public Schools, High Schools, Colleges, 
and Normals, 



AND A 



MANUAL OF KEFEKENCE FOE THE PUBLIC. 



■ 



S. J. BLOCHER, 

Principal Bentonville Public and High Schools, 

Bentonville, Ark. 



Scientla sine multo operis non obtenta est." 



RICHMOND, VA.: 

B. P. JOHNSON PUBLISHING COMPANY. 
I907. 



*$ 



LIBRARY of CONGRESS! 
TwoCfloy R^cfttved 
NOV 14 1907 

Copyrif nt Entry 

CLASS /i ' XXC, No 

COPY B. 



COPYRIGHT, igoo, 1907, 
BY 
F JOHNSON PUBLISHING COMPANY 



Preface 



The aim of this woi% is to present the leading fact9 
of our State and National ;goVernnients, and to do 
this in such a clear, attractive' way »as to arouse an 
interest in civil affairs. \ 

The plan of the State and United States govern- 
ments is explained in a manner so clear and simple 
that every child may understand in detail their three 
divisions — the legislative, the judicial and the execu- 
tive^ — their relations to one another and to the people. 
The details of each department of these governments 
are given in order, proceeding from the lowest to the 
highest ; then the whole subject is presented accord- 
ing to the topical method. 

No effort is made to expound the law or to decide 
its intricate points. Words and terms, however, 
used in law and civil government are explained in 
connection with each topic so as to enable the student 
to understand their significance, and thus to read the 
text intelligently. 

Every school in the State should include in its 
course the study of civil government. Thousands of 
dollars are spent annually for the support of our 
public schools. The object of these schools is to edu- 
cate our boys and girls so as to make them good, in- 
telligent men and women and model citizens. To in- 
tellectual and moral training in other ways should be 
added a thorough understanding of both the State 



'4: PREFACE. 

and National governments, the ends to be accom- 
plished by them, and the many benefits to be derived 
from them. 

In the compilation of this work the fact is con- 
stantly borne in mind that the great safeguard of our 
rights and liberties is education in the principles of 
our government and appreciation of the relationship 
sustained by the people to the State and National 
governments. Through this knowledge is developed 
the true patriotism and the best type of citizenship. 
This pure and noble citizenship is the highest aim of 
our common education; by it our government will 
ultimately be made better, purer, stronger, and more 
durable. 

I present this volume to the public hoping that it 
may have a warm welcome throughout the State, and 
prove a blessing to the many teachers and pupils of 
our schools. 

S. J. BLOCHEK. 



CIVIL GOVERNMENT 



OF 



ARKANSAS. 



CHAPTER I. 



JJifloFy of^Mgan$a$, 



I. First Settlement. — The first settlement within 
the present limits of the State was made in 1686 by 
the French near the St. Francis river where it dis- 
charges its waters into the Mississippi river. It was 
a part of the French territory until purchased from 
France in 1803 by Thomas Jefferson, and since 
known as the " Louisiana Purchase." This was done 
to give the United States control of the Mississippi 
river. In 1812, Louisiana, having been admitted 
into the Union as a State, the remaining territory 
was reorganized as _Missouri Territory, and in 1819, 
Missouri, having formed a State constitution, Ar- 
kansas and the Indian Territory were organized as 
Arkansas Territory and remained as such until June 
15, 1836, when the State was, with its present boun- 
daries, admitted into the Union as the twenty-fifth 



6 A PRACTICAL TREATISE ON THE 

State and the twelfth in the order of admission. 
There were thirty-four counties in the State at the 
time of its admission into the Union. 

2. Arkansas Territory. — Arkansas remained as 
a Territory from 1819 until 1836. During this time 
there were nine Territorial Legislatures, the first 
being held at the Post of Arkansas. James R. Miller 
was the first Territorial Governor and Robert Crit- 
tenden first Secretary of State. 

3. First Territorial Legislature (composed of 
Governor and Supreme Judges) was held at the Post 
of Arkansas from July 28 to August 3, 1819. The 
Speaker was Charles Jouitt; the Clerk, George W. 
Scott; the Governor, Robert Crittenden (acting); 
and the judges, Charles Jouitt Robert Letcher, and 
Andrew Scott. 

4. A Special Territorial Legislature was held 
at the Post of Arkansas from .February 7 to Feb- 
ruary 24, 1820, and is properly the first real Terri- 
torial Legislature of Arkansas; also another special 
session of the Assembly was held at the same place 
from October 2 to 25, 1820. All other assemblies 
have been held at Little Rock. 

5. Proper Pronunciation. — For many years there 
was contention among even our best informed citizens 
as to the correct pronunciation of the name of this 
State. Most persons pronounced it as it is spelled, 
while others, especially the early settlers, pronounced 
the name as if spelled "Ar-kan-saw," following, as 



CIVIL GOVEKXMENT OF AKKAIS T SAS. 7 

they believed, the pronunciation used by the Arkan- 
sas Indians, the aborigines of this country from whom 
the State derived its name. Finally, to settle the 
disputation, the General Ass embly of J1881 appointed 
a learned and able committee to investigate the whole 
subject. This committee made a critical and exhaust- 
ive examination, and, based upon the report of the 
committee, the General Assembly unanimously 
adopted a resolution declaring that the only true pro- 
nunciation is, that it should be pronounced in three 
syllables, with the final " s " silent, the " a " in each 
syllable with the Italian sound, and the accent on the 
first and last syllables, thus making it "Ar'-kan-sawV 

CONSTITUTION OF 1836. 

6. First Constitution. — On Monday, January 4, 
1836, at Little Rock, in convention assembled, our 
representatives began to frame the first constitution 
of Arkansas, It contained only seven Articles, being, 
therefore, very much abridged in many respects. 
John "Wilson was president of the convention and 
representative from Clark county, and Charles P. 
Bertrand, secretary. There were forty-nine other 
representatives present. They completed their work 
on the 30th day of January. Under this constitution, 
the Legislature met every two years on the first Mon- 
day of ^November. It is not necessary to dwell here 
on the subject-matter of this constitution, or any of 



8 A PRACTICAL TREATISE ON THE 

the constitutions of the State except the one now in 
force. All of the constitutions that have existed in 
the State, in substance, are very much alike. They 
differ chiefly in that, as we proceed, they are enlarged 
upon, broadened, and so arranged as to meet the de- 
mands and necessities of the people. Some Articles 
and sections of the first constitution of the State have 
been, in substance, embodied in all the other consti- 
tutions. 

CONSTITUTION OF 1861. 

7. Second Constitution. — On account of the^ 
abridgment of the first constitution, the growth of 
population and the present circumstances, and also in 
order to join the confederacy then being formed by 
the Southern States, and to give to the people a con- 
stitution such as would secure to them the enjoy- 
ment of all rights of life, liberty, and property and 
the pursuit of happiness, the people, by their rep- 
resentatives in convention assembled, at Little Rock, 
on Monday, the 4th day of March, 1861, began to 
frame the second constitution,, and on the 1st day 
of June completed the work. David Walker was 
president of the convention and Elias C. Boudinot, 
secretary. There were sixty other delegates present 
who signed this second constitution. 

CONSTITUTION OF 1864. 

8. Third Constitution. — In order to understand 



CIVIL GOVERNMENT OF ARKANSAS. 9 

the object of the third^o^nstitution, we quote the first 
and last paragraphs of the preamble: 

" We, the people of the State of Arkansas, having 
the right to establish for ourselves a constitution in 
conformity with the Constitution of the United 
States of America, recognizing the legitimate con- 
sequences of the existing rebellion, do hereby declare 
the action of the late convention of the State of 
Arkansas, which assembled in the city of Little Eock 
on the 4th day of March, 1861, was, and is, null and 
void, and is not now, and never has been, binding 
and obligatory upon the people. 

"And we, the people of the State of Arkansas, in 
order to establish therein a State government loyal 
to the government of the United States, to secure 
to ourselves and our posterity the protection and 
blessings of the Federal Constitution and the enjoy- 
ment of all the rights of liberty and the free pursuit 
of happiness, do agree to continue ourselves as a 
free and independent State by the name and style of 
' The State of Arkansas/ and do ordain and establish 
the following constitution for the government 
thereof.'' 

John McCoy was president of the convention and 
delegate from Newton county, and Robert J. T. 
White, secretary, with James R. Berry, assistant. 
There were forty other delegates present who signed 
the constitution. 



10 A PRACTICAL TEEATISE ON THE 

CONSTITUTION OF 1868. 

9. Fourth Constitution. — This constitution was 
adopted by the constitutional convention of the State 
February 11, 1868, and ratified by the people March 
13, 1868. The reason for the adoption of this con- 
stitution seems to be set forth in the following quo- 
tation, Art. 1, Sec. 1, of the 1868 constitution: 

"All political power is inherent in the people. Gov- 
ernment is instituted for the protection, security, 
and benefit of the people, and they have the right 
to alter or reform the same whenever the public good 
may require it; but the paramount allegiance of every 
citizen is due to the Federal government in the exer- 
cise of all its constitutional powers as the same may 
have been or may be defined by the Supreme Court 
of the United States; and no power exists in the 
people of this or any other State of the Federal Union 
to dissolve their connection therewith, or perform any 
act tending to impair, subvert, or resist the supreme 
authority of the United States. The Constitution of 
the United States confers full powers on the Federal 
government to maintain and perpetuate its existence; 
and whensoever any portion of the States, or of the 
people thereof, attempt to secede from the Federal 
Union, or forcibly resist the execution of its laws, 
the Federal government may by warrant of the Con- 
stitution employ armed force in compelling obedience 
to its authority." 



CIVIL GOVERNMENT OF ARKANSAS. 11 

This constitution provides that the Legislature 
shall meet every two years on the first Monday of 
January, at Little Eock, but the first General Assem- 
bly elected after the adoption of this constitution 
shall meet on the 2d day of April, 1868. Thomas 
M. Bowen was president of this convention and dele- 
gate from Crawford county, and John G-. Price, sec- 
retary. There were fifty-two other delegates present 
who signed this constitution. 

CONSTITUTION OF 1874. 

10. Fifth Constitution. — We now come to the 
fifth constitution, and the one of our State at pres- 
ent. It is the one upon which this work must be 
based. It was adopted in convention at Little Eock, 
September 7, 1874, was r atified by the people Octo- 
ber 13 , 1874, and its adoption was proclaimed Octo- 
ber. 30, 1874. Grandison D. Eoyston was president 
and delegate from Hempstead county, and Thomas 
W. Newton, secretary. There were seve nty-six other 
delegates present who signed this constitution. 

STATISTICS. 

11. Arkansas has a population of 1,311,564 and 

has an area of 53,850 square miles, or 34,464,000 
acres — about the same size of England without 
Wales. 

The ratio of representation in the United States 
House of Eepresentatives from 1903 to 1913, based 



12 A PRACTICAL TREATISE ON THE 

on the United States census of 1900, is 194,241. 
By dividing 1,311,564 by 194,241, we find that it 
will go practically seven times. This shows that we 
have seven representatives in Congress from this 
State. In addition to the seven representatives there 
are two senators, thus making our representation in 
Congress nine. This shows that Arkansas has nine 
electoral votes. 

12. Kinds of Government. — We live under six 
kinds of government, and, if in an incorporated town, 
or city, we live under seven — namely, the Home, 
the School, the Township, the County, the State, the 
United States, and the City or Town, called muni- 
cipal government. 

ItBVIBW QUESTIONS. 

1. When, by whom, and where was the first settlement of 
the State made? 2. Give particulars of the purchase of the 
territory known as " Louisiana Purchase." 3. What con- 
stituted Arkansas Territory, and when was it formed? 4. 
When was Arkansas admitted into the Union? 5. How many 
counties in the State at the time of its admission? 6. What 
is the proper pronunciation of the name of this State, and 
why so? 7. When was the first constitution of this State 
framed? 8. Who was president and who secretary of the 
convention? 9. When was the Legislature required to 
meet? 10. Why was it necessary to frame a second consti- 
tution — that of 1861? 11. How many delegates present? 

12. Why was the third constitution framed, and where? 

13. How many delegates present? 14. When was the fourth 
constitution adopted and when ratified by. the people? 
15. What was its object? 16. When did this constitution 



CIVIL GOVERNMENT OF ARKANSAS. 13 

require the Legislature to meet? 17. Who was president 
and who secretary of the convention? 18. When was the 
present constitution adopted and when ratified by the 
people? 19 Who was president and who secretary? 
20. How many delegates present? 21. Under how many 
kinds of government are we living? 22. Name them. 



14 A PBACTICAL TREATISE ON THE 



CHAPTER II. 



gome and School. 



13. Introductory. — The home and the school are 
so closely connected it is thought best to discuss them 
together. It seems that a discussion of home and 
home government, in this enlightened age, should not 
be necessary; but with regret I must say that it is, 
and in fact it needs more attention than any other 
one thing. Hardly a nation of the earth to-day has 
failed to observe and comment on the failure of 
American home government and the failure of the 
American people to rear or train children as they 
should. At present, children haven't that degree of 
reverence and respect that really should be found in 
every child. Our ideas and love of liberty have been 
too freely applied to home government. The result 
is clearly seen. We have a multitude of men who 
are as brave and daring as those who scaled the Alps 
with Hannibal, plenty who would undergo the suffer- 
ings of a Valley Forge for our country, and many 
who could rule and command as did Charlemagne, 



CIVIL GOVERNMENT OF ARKANSAS. 15 

Napoleon, and Alexander, jet we find but few who do 
go into home life and govern as they should — setting 
good example day by day; always refusing that which 
is not best for the child regardless of its entreaty; 
inflicting punishment at one time for an offence and 
not omitting it at another; making no assertion with- 
out fulfillment; putting into their hands good liter- 
ature ; talking to them in such a way as to cause them 
to fear evil and love right, being just in all rulings, 
and many other things that should be mentioned. 
The business affairs of life are taking too much time 
from home government. 

14. Parents. — It is the duty of the parents to 
study the welfare of the children, to train them in ways 
of usefulness and honor, to provide food, clothing 
and shelter, and to assist them in acquiring an edu- 
cation. The law makes the parent partly responsi- 
ble for the conduct of the children. Good discipline 
is a blessing to the home, to the children, and to the 
country. 

15. Children. — It is the duty of the children to 
obey their parents in all things; to be submissive 
and respectful; to love and care for them, and to do 
all possible to make them happy. I wish to say to 
the children who read this that you will perhaps 
never be able to repay your parents for what they 
have done for you, especially the mother. She has 
always loved you and sympathizes with you; she 
makes your sorrows hers, cares for you in sickness, 



16 A PEACTICAL TEEATISE ON THE 

and stands by you when all others have forsaken you. 
She has done a multitude of things for you which 
you will never know. Learn first to love and respect 
your parents and strive to bring no sorrow to them. 

THE SCHOOL 

16. Constitutional Provision. — Eojprovision had 
been made for a system of public education until 
1868. All of Art. 9, constitution of 1868, is relative 
to a system of public education. It requires the 
General Assembly to establish and maintain a system 
of schools for the gratuitous instruction of all per- 
sons in this State between the ages of five and 
twenty-one years. Art. 14, Sec. 1, of our present con- 
stitution, contains the following provision: 

" Intelligence and virtue being the safeguards of 
liberty and the bulwark of a free and good govern- 
ment, the State shall ever maintain a general, suita- 
ble, and efficient system of free schools, whereby all 
persons in the State between the ages of six and 
twenty-one years may receive gratuitous instruc- 
tion." 

17. Our School System has been greatly improved. 
We have been making rapid progress. Through 
the wisdom of our representatives and the influence 
of some of our educators, many excellent things have 
been added to our school system. It has been argued 



CIVIL GOVERNMENT OP ARKANSAS. 17 

for some time that the following provisions would be 
helpful to our system of free education : 1st. A uni- 
form series of text-boooks for the State, or at least the 
county;* 2d. County super in tendency ; 3d. Kemoval 
of the restriction of the school tax to five mills, t 

18. School Funds. -Our school funds are derived 
in four ways : 

1. From the sale of all lands granted by the United 
States to this State and not otherwise appropriated, 
from the sale of State lands X and estrays, from all 
grants and gifts that may be made to the State, and 

* The State Legislature of 1899 passed a law entitled 
"An Act to provide for county uniformity in text-books," 
the substance of which is as follows: 

In any county, if a majority of the votes cast at the 
regular' school meeting on the third Saturday in May favor 
uniformity, there shall be a series of text-books adopted 
for use in the public schools of the county, special school 
districts excepted. This adoption shall be made by a 
*' County School-Book Board," composed of two teachers of 
the county holding first-grade certificates and appointed 
by the State Superintendent of Public Instruction, and two 
citizens of the county appointed by the county judge, and 
the county examiner as chairman. The above board shall 
adopt a series of books for a term of six years; and may 
receive $2 a day while sitting for such adoption. 

fin 1906, by a constitutional amendment, the limit waa 
made seven mills instead of five, and the State tax three 
mills instead of two. 

t Ten per cent, of the net proceeds of all public land sold 
in the State goes to make up the public school fund. 

The principal arising from the sale of the sixteenth sec- 
tion of land shall never be apportioned or used. The law 



18 A PKACTICAL TREATISE ON THE 

by escheat — that is, through failure of heirs to claim 
it, property goes to the school fund. The above is 
known and designated as the Common-School Fund. 

2. The State levies a two-mills tax on the assessed 
value of all property, and imposes a poll tax of one 
dollar on every qualified elector of the State. 

3. Each school district may levy an extra tax of 
five mills if a majority of the voters so direct. 

4. Certain penalties, as the failure to pay tax on 
personal property at the required time, the forfeitures 
which school directors make to exempt themselves 
from serving as such, and other penalties imposed on 
school officers for neglect of duty. 

19. Collection and Distribution of Funds. — 

The sheriff is ex officio tax collector in all counties 
of the State except three.J He collects all taxes paid 
by the citizens of the county, sends the two-mills 
tax to the State treasury, and pays into the county 
treasury, with all other taxes, the tax levied by the 
districts. The interest on the* common-school fund 
is paid directly into the State treasury. 



provides that the commissioners of the school fund (Secre- 
tary of State, Auditor and Superintendent of Public Instruc- 
tion) shall invest it in State or United States bonds, and 
that the interest on it may be used for the support of the 
public schools. Townships which have not yet sold the six- 
teenth section are not allowed to receive any of the above 
income. 

JSee page 41, Art. 57. 






CIVIL GOVERNMENT OF ARKANSAS. 19 

The school census being taken each year, it is as- 
certained just how many persons of school age there 
are in the State and also just the number in each 
county. The amount of money being divided by the 
number indicating the persons of school age, gives 
the amount due each child in the State. The appor- 
tionment having been made, at the request of the 
State Superintendent, this money is sent to the several 
counties of the State and there placed by the county 
treasurer to the credit of the district to which it 
belongs. No money belonging to a district is drawn 
out except upon warrants issued by the school di- 
rectors. 

SCHOOL DISTRICT. 

20. Formation of District. — The county court 
has power to form new school districts and change 
the boundaries of the old ones upon petition of a ma- 
jority of all the electors residing upon the territory 
of the district to be divided. They are numbered 
in consecutive order as they are formed or altered. 
~No new district shall be formed, or so altered, as 
to have less than thirty-five persons of scholastic age. 

21. Special District. — Any incorporated city or 
town in this State, including the territory annexed 
thereto for school purposes, may be organized into 
and established as a Single or a Special district in 
the following manner: Upon the written petition of 
twenty voters of such city or town, asking that the 



20 A PRACTICAL TREATISE ON THE 

vote, of the citizens be taken relative to a special dis- 
trict, it is the duty of the major to designate and 
fix a day, not less than seven nor more than fifteen 
days distant, for holding an election for that purpose 
and also for the election, at the same time, of a board 
of six school directors. The single or special district 
is regulated by special acts for the regulation of public 
schools in cities or towns. This and other school elec- 
tions in the special districts are held by the election 
judges of that voting precinct. 

22. Directors. — Three directors are elected in 
each of the numbered districts and six in the special 
ones. The election is held annually on the third Sat- 
urday in May. Directors serve for three years, one 
being elected each year in the numbered districts 
and two in the special. When the three directors 
are elected the first time in a new district, they agree 
among themselves that one shall serve just one year, 
another two years, and the third three years, a new 
one being elected each year to fill the place of the one 
going out. In this way two-thirds of the board are 
experienced. The members of the board of the single 
or special district follow the same plan, except two 
members drop .out each year and two are elected in 
their stead. 

23. Organization and Duty. — A penalty of ten 
dollars is imposed if a director fails to qualify and 
enter upon the discharge of his duty within ten days. 
They shall elect one of their members as president and 



CIVIL GOVERNMENT OF ARKANSAS. 21 

another as clerk. They are required by law to es- 
tablish separate schools for white and colored chil- 
dren, to adopt such measures as will assist in carrying 
the school system into effect, to have care of all prop- 
erty of the district, to employ teachers, to make 
annual report to the county examiner, containing 
such information as may be required by him, and 
also the annual district election on the third Saturday 
in May shall be held by the school directors as judges. 
It is also the duty of the directors of each district to 
appoint some person each year to visit the families of 
the district and make a list of all children between 
the ages of six and twenty-one years, called taking 
the census. This is done for the purpose of making 
the apportionment of the school funds as explained in 
Art. 19. This list must contain the following items: 
The number of the district, the county in which it is 
located, the number of children, their names, ages, 
white males and females, and colored males and 
females. This list is known and designated as the 
Enumeration Eeport of the School Directors. A fine 
of $25 is imposed for a failure to perform the above 
duties. 

24. Other Officers. — The county examiner is 
the highest school officer of the county and the State 
Superintendent the highest of the State. They are 
the only school officers who receive compensation. 
The county examiner and his duties are explained 
under the heading of County Officers and the State 



22 A PRACTICAL TREATISE ON THE 

Superintendent and his duties are explained under 
the heading of State Officers. This is done because 
they belong, respectively, to the county and State 
officers, although their duties are strictly for the 
school. 

REVIEW QUESTIONS. 

1. How does our home government compare in general 
with that of other nations? 2. What do you think is the 
cause of many homes not being governed as they should 
be? 3. Give duties of parents. 4. What can you say in re- 
gard to the children and their duties? 5. When were pro- 
visions first made for a system of public education? 6. What 
were the requisite ages for admission into school under 
the first provision? 7. What are the requisite ages now? 
8. Why have we a system of public education? 9. Do you 
believe the provisions mentioned in Art. 17 would be 
advantageous to our school system? 10. Give the four 
ways of deriving school funds. 11. How are they collected 
and distributed? 12. How are school districts formed? 
13. How many directors? 14. How are special districts 
formed? 15. How many directors? 16. How many directors 
are elected each year, and when? 17. Who are judges of the 
election? 18. Give general duties of the directors. 19. What 
penalties may be imposed upon them, and under what cir- 
cumstances? 



CIVIL GOVEKNMENT OF ARKANSAS. 23 



CHAPTER III. 



^phe ^oTcnfhip. 



25. Introductory. — The idea of township gov- 
ernment has existed for centuries. It came into ex- 
istence by force of necessity. During the settlement 
of Europe, families collected in groups not so much 
for government as for protection. These groups or 
neighborhoods were surrounded by walls, fences, or 
some means of protection. In old English they were 
designated as " tuns," from " tynan," to " enclose," 
from which our words township and town were de- 
rived. 

26J The Object. — The township is the smallest 
and simplest political division of the State. Its polit- 
ical power is by far more limited in this State than 
in the Eastern States. In the New England States 
the town (the same as our township) is the original 
political entity, and possesses much power in self- 
government, the county being simply an aggrega- 
tion of towns, chiefly for judicial convenience. In 
the Middle and Western States the powers of the 



24 A PRACTICAL TREATISE ON THE 

township are not so great, while in other States its 
powers are very limited. But wherever the town- 
ship is found, it is the primary or home step in all 
government. The object of the township is to place 
the judicial and executive power of the people in 
their immediate vicinity, to bring justice to their 
own homes, to place the responsibility of government 
on their shoulders, and to relieve the county and cir- 
cuit court of a multiplicity of petit criminal and civil 
suits. It also serves as a political division for the elec- 
tion of township officers — the justice of the peace 
and the constable, as a voting precinct, and as a place 
for collecting taxes. 

27. Kinds of Townships. — There are two kinds 
of townships in this State. Pupils are often confused 
as to what they are. We are to deal with only one 
of these, the Township Politic. The other is the 
congressional, or mathematical, township, which we 
will simply define and pass. (For full and detailed 
explanation of the congressional, or mathematical, 
township see " Government Land Survey," pages 
24-43, by the author of this work.) 

28. Congressional Township. — Under the direc- 
tion of the United States government, Arkansas, 
together with many other States, was surveyed not 
for political purposes, but in order to dispose of the 
government land and give titles to the settlers, such 
as would not conflict with each other and create the 
great confusion that had arisen among the settlers 



CIVIL GOVERNMENT OF ARKANSAS. 25 

of the unsurveyed land of the Eastern States. This 
was done by running a base line east and west across 
the State, beginning near the mouth of the St. Francis 
river and terminating at the western boundary line 
of the State. Parallel to the base line other lines 
are run six miles apart, called township lines, and 
to the 5th principal meridian, starting from the mouth 
of the Arkansas river and being coincident with 90 
degrees and 58 minutes longitude west; other meri- 
dian lines are run six miles apart, thus dividing the 
State into divisions six miles square. These divisions, 
or squares, are called congressional, or mathemati- 
cal, townships. They are so called because they are 
surveyed under the directions of Congress and are 
laid out according to mathematical principles. They 
have no relation whatever to the political townships 
which are to be discussed in this work. Congressional 
townships are regular in form and size and are located 
according to the township and range columns in which 
they are located. Political townships are irregular 
in form, have no definite size, and are named instead 
of being numbered. I presume that every county 
in the State has a part of a congressional, or mathe- 
matical, township in it, the other part of which is in 
another county. This cannot be true with reference 
to the township politic. 

29. Formation of Township Politic. — The 
county court of each county, from time to time as 
occasion may require, divides the county into conve- 



26 A PEACTICAL TREATISE ON THE 

nient townships, subdivides those already established, 
and alters township lines. These townships are of 
no regular form or fixed size ; but are of such a form 
and size as, in the opinion of the county court, is 
most convenient, or suitable, for both the people and 
the political welfare of the county. The county clerk 
enters on the minutes of the county court proceed- 
ings a description of the above established township, 
place of holding election, and all other changes as 
mentioned above, and within thirty days a certified 
copy of the same is sent to the Secretary of State. 
No township line shall pass through any town, but 
the whole of each town shall be included in one town- 
ship. 

30. Government. — The township has no legisla- 
tive power whatever. It matters not how much a par- 
ticular locality needs a law, the township has no 
power whatever to make it. The United States Con- 
stitution recognizes three great divisions of govern- 
ment: Legislative, Judicial, and Executive. The 
township possesses the last two only. 

JUDICIAL DEPARTMENT. 

31. Justices of the Peace. — The qualified elec- 
tors of each township elect the justices of the peace 
for the term of two years. Before entering upon the 
discharge of their duties, they are commissioned by 
the Governor. A justice of the peace shall be a quali- 
fied elector and a resident of the township for which 



CIVIL GOVERNMENT OF ARKANSAS. 27 

he is elected. Each township shall elect, at each 
general election, one justice of the peace for every 
two hundred electors, taking the vote of the preced- 
ing general election as the basis : provided, that each 
township, however small, shall have two justices. 
(Sec. 4543, Kirby's Digest.) 

Remark. — It is to be understood that all reference 
by " Sec," followed by Kirby, is to Kirby's Digest 
of 1904. 

32. Jurisdiction.- — Justices of the peace shall 
severally have original and concurrent jurisdiction in 
the following matters: 

First. Original jurisdiction in all matters of con- 
tract where the amount in controversy does not ex- 
ceed the sum of $100, excluding interest; and con- 
current jurisdiction in all matters of contract where 
the amount in controversy does not exceed the sum 
of $300, excluding interest. 

Second. Concurrent jurisdiction in suits for the re- 
covery of personal property where the value of the 
property does not exceed the sum of $300; and in all 
matters of damage to personal property where the 
amount in controversy does not exceed $100. 

A justice of the peace has no jurisdiction whatever 
where a lien on land, or title or possession thereto, 
is involved. It is, therefore, the duty of a justice of 



28 A PRACTICAL TREATISE ON THE 

the peace to dismiss the case at once and refuse to 
take further action when he sees that the title to lands 
must come into controversy. 

The above jurisdiction is coextensive with the 
county — that is, no justice of the peace is permitted 
to hold court outside of the township for which he 
was elected; but all judgments rendered are valid 
throughout the county. 

Third. He has jurisdiction in criminal cases less 
than a felony, if the penalty is a fine or imprison- 
ment in the county jail. He may also hold a pre- 
liminary trial to ascertain as nearly as possible the 
guilt or innocence of a person charged with the com- 
mission of felony. 

33. Explanation of Jurisdiction. — Original ju- 
risdiction means that all cases or offences of a certain 
class must be brought up and tried first in the court 
having the so-called original jurisdiction, and are 
not' to be tried in any other court except in case of 
appeal. For example, A wishes to sue B on contract 
for the amount of $50. This case cannot be tried in 
the county court, nor the circuit court, nor in any 
higher court. It can be tried in the justice's court 
only, except in case of appeal, because over such cases 
it has original jurisdiction. 

Concurrent jurisdiction means that all cases or 
offences of a certain class or magnitude may be 
brought up and tried in either of the courts having 



CIVIL GOVERNMENT OF ARKANSAS. 29 

the so-called concurrent jurisdiction. For example, 
A wishes to sue B on contract for the amount of 
$200. This case may be tried in the justice's court 
or in the circuit court, because these two courts have 
concurrent jurisdiction. 

All cases given under " First " of this article must 
be tried in the justice's court first, and all cases under 
"Second" may be tried either in the justice's court 
or the circuit court. 

34. Appeals. — Any person aggrieved by any judg- 
ment rendered by a justice of the peace, except a 
judgment of dismissal for want of prosecution, may, 
in person or by his agent, take an appeal therefrom 
to the circuit court. There are certain requisites 
that must be complied with before an appeal can be 
taken. 

35. Change of Venue. — Either party may take 
a change of venue (place) from one justice of the 
peace to another in the same township. If, however, 
there should be no justice of the peace in the town- 
ship competent to try the case, then it is taken to a 
justice of the peace in an adjoining township. The 
party desiring to take a change of venue must, before 
such change is granted, show clearly that there is a 
likelihood of his not receiving justice unless the 
change be made. 

36 Duties, Privileges, and Salary. — The jus- 
tice must be a conservator of the peace within the 
county, must keep a docket in which must be entered 



30 A PRACTICAL TREATISE ON THE 

in continuous order — first, the title to each cause; 
second, a brief statement of the nature and amount 
of the plaintiff's demands and the defendant's set> 
off, if any, giving date to each where dates exist; 
third, the issuing of the process and return thereon; 
fourth, the appearance of the respective parties; fifth, 
every adjournment, stating at whose instance and for 
what time; sixth, the trial, and whether by the jus- 
tice or by a jury; seventh, the verdict and" judgment; 
eighth, the execution, to whom delivered and the 
amount of debt, damages and cost endorsed thereon; 
ninth, the giving a transcript for filing in the clerk's 
office, or for set-off, if one is given; tenth, a note of 
all motions made and whether granted or refused; 
eleventh, an itemized statement of all cost in the 
case. He is exempted from working the road, and 
may perform marriage ceremonies. He receives no 
fixed salary, but may collect fees for his services. 
The amount of each fee is fixed by law, ranging from 
ten cents to two dollars and fifty cents. Lawyers 
of the county are permitted to practice in the jus- 
tice's court, and from sixth above we observe that 
there may or may not be a jury. It is optional with 
the plaintiff or defendant. 

EXECUTIVE DEPARTMENT. 

37. Constable. — The qualified electors of each 
township elect one constable for the term of two 
years. Every constable, within thirty days after elec- 



CIVIL GOVERNMENT OF ARKANSAS. 31 

tion or appointment, enters into bond in a sum not 
less than $500 nor more than $5,000. The constable 
must be a conservator of the peace in his county. It 
is bis duty to suppress all riots, affrays, or unlawful 
acts of any kind. Any constable to whom any pro- 
cess may be directed has power to execute such pro- 
cess anywhere in the county. The constable waits 
upon the justice's court and serves warrants. 

The constable receives no fixed salary. He col- 
lects fees for his services. These fees are fixed by 
law, ranging from ten cents to seventy-five cents. 

If a township be so altered by court as to neces- 
sitate an election of another constable, the old one 
continues as constable of the township in which he 
resides. If the court so approves it, the constable 
has power to appoint such deputies as he may need. 
He is subject to a fine of not less than $5 nor more 
than $100 for non-performance of duty. 

38. Vacancies. — The Governor shall, in case a 
vacancy occurs in any State, district, county, or town- 
ship office in the State, either by death, resignation, 
or otherwise, fill the same by appointment, such ap- 
pointment to be in force and effect until the next gen- 
eral election thereafter. 

This is Amendment 'No. 3 to the State constitution. 
For the method of filling vacancies prior to this 
amendment see Section 50, Art. 7, of the constitu- 
tion. 



32 A PRACTICAL TREATISE ON THE 

REVIEW QUESTIONS. 

1. When did the idea of township government originate? 
2. What brought it into existence? 3. Why is it called 
town or township? 4. How does the po^ the town- 

ship of this State compare with that of other States': 
5. Give the objects of the township. 6. What are the two 
kinds of townships? 7. Explain the congressional, or 
mathematical, township. 8. What is its' object? 9. Where 
is the 5th principal meridian and the base line? 10. Con- 
trast the two kinds of townships. 11. Locate the con?* 
sional township you are now in and give name of your 
political township. 12. How are political townships forme.: 
13. How many in your county? 14. Give the two dr^- 
ments of government belonging to a township. 15. u. ,V 
long does a justice of the peace hold office? 16. How many 
justices in each township, and how is the number ascer- 
tained? 17. Explain original jurisdiction. 18. Give tl*e 
limit of the justice's original jurisdiction. 19. Explain 
concurrent jurisdiction. 20. Give the limits of the justice's 
concurrent jurisdiction. 21. Give a case in which a justice 
has no jurisdiction. 22. What is his jurisdiction il* crimi- 
nal cases? 23. May an appeal be taken from a justice's 
court, and if so, to what court? 24. What is meant by 
change of venue? 25. Why and where may a change of 
venue be taken? 26. Give duties of a justice of the peace. 
27. What compensation does he receive? 28. Does he try 
his cases before a jury? 29. How long does a constable 
hold office? 30. What are the limits of his bond? 31. Give 
his duties. 32. What compensation does he receive for his 
services? 33. What penalty may be imposed for non- 
performance of duty? 34. How are vacancies rilled, either 
in the office of justice or constable? ' 



CIVIL GOVERNMENT OE ARKANSAS. 33 



CHAPTER IV. 



Jhe Bounty 



: f> 



3%. Origin. — Earlv in the settlement of the 
European nations and also in the United States, town- 
ships were formed as explained in Art. 25. These 
'townships united for the sake of convenience in many 
respects. Of course, they were not always called 
townships. In early English civilization they were 
kno\vxi: as clans or tuns, in Germany as marks or hun- 
dreds, in Erance as fiefs or feuds, and in the United 
States as townships, towns, beats or hundreds. These 
primary governments having been united, formed in 
their respective countries a division of government 
corresponding to that of our county. 

In England the " shire " was formed, and in France 
(later in its history) the " comte," from which we 
derive our word county. Louisiana is the only State 
in the Union that does not call this division of gov- 
ernment the county. There it is known as the parish. 
40. Formation of Counties. — Before the United 
States government came into power, townships or 



34 A PRACTICAL TREATISE ON THE 

towns united and formed counties, counties united 
and formed colonies, and colonies united and formed 
the United States: now our government being in 
power, organizes Territories and afterwards admits 
them into the Union as States; these States are sub- 
divided into counties, and the counties are subdivided 
into townships, the whole plan being reversed. 

Article 13, Sec. 1, of the constitution, contains the 
following provision: 

" No county now established shall be reduced to 
an area of less than six hundred square miles nor to 
less than five thousand inhabitants; nor shall any 
new county be established with less than six hundred 
square miles and five thousand inhabitants. The 
counties of Lafayette, Pope, and Jghnson are ex- 
cepted." 

~No part of a county may be taken off to form a 
new county, or a part thereof, without the consent 
of a majority of the voters in the part to be taken off; 
neither may a county seat be located or changed ex- 
cept by a majority of the voters of the county favor- 
ing it. 

41. Original Counties. — During the time when 
Arkansas was a Territory it was divided into thirty- 
four counties, as follows: Washington, Scott, John- 
son, Pope, Conway, Yan Buren, Carroll, Searcy, 
Izard, Independence, Crawford, Jackson, Lawrence, 



CIVIL GOVERNMENT OF ARKANSAS. 35 

Kandolph, White, Pulaski, Saline, Hot Springs, 
Clark, St. Francis, Pike, Hempstead, Miller, Sevier, 
Lafayette, Union, Arkansas, Jefferson, Monroe, Phil- 
lips, Greene, Crittenden, Mississippi, and Chicot. 
Since the State's admission into the Union in 1836, 
forty-one other counties have been formed, thus mak- 
ing the number in the State seventy-five. 

42. Oath of Office. — The constitution provides 
the following oath for senators, representatives, all 
judicial and executive State and county officers, and 
all other officers both civil and military: 

"I, , do solemnly swear (or affirm) 

that I will support the Constitution of the United 
States and the constitution of the State of Arkansas, 
and that I will faithfully discharge the duties of the 

office of , upon which I am now about 

to enter." 

LEGISLATIVE DEPARTMENT. 

43. The County is like that of the township in 
that it has no Legislative Department. The laws 
governing both the township and county are made 
by the State Legislature. The county has two de- 
partments: the Judicial and Executive. 

JUDICIAL DEPARTMENT. 

44. County and Probate Judge. — The qualified 
electors of each county shall elect a county judge for 



36 A PRACTICAL TREATISE ON THE 

the term of two years, who shall also be judge of the 
court of probate, and known as county and probate 
judge. 

45. Qualifications. — He shall be at least twenty- 
five years of age, a citizen of the United States, a 
man of upright character, of good business education, 
a resident of the State two years next preceding his 
election, and a resident of the county at the time of 
his election and during his continuance in office. 

46. Jurisdiction. — 1. As county judge, he has 
exclusive original jurisdiction in all matters relating 
to county taxes and to roads, the appointment of re- 
viewers and overseers of roads, and the erection of 
bridges; to look after ferries, paupers, vagrants, and 
the welfare of minors; to audit, settle, and direct 
the payment of all demands against the county; to 
have the control and management of all property 
belonging to the county, and to have control of all 
cases that may relate to the internal improvement and 
local concern of his county. Any person not satisfied 
with the decision of the county or probate court may 
take an appeal to the circuit court. The county court 
must be held by one judge, except as provided by 
law. (See Sec. 30, Art. 7, constitution.) 

2. As probate judge, he has exclusive original 
jurisdiction in all matters relating to the probate of 
wills, the estate of deceased persons, executors, ad- 
ministrators, and guardians, 



CIVIL GOVERNMENT OF ARKANSAS. 3*7 

47. General Duties. — The county judge has 
many duties of vital importance to the people. He 
has in his hands the -general management of the 
county affairs. He assists in the levying of taxes, 
issuing county bonds, erection and repair of court- 
houses, poorhouses, jails, houses of correction, man- 
agement of prisoners. He also looks after the interest 
of widows, orphans, and the insane. 

TIME FOR HOLDING COURT. 

48. County Court. — The times for holding the 
regular terms of county courts as fixed by statute 
(Sec. 1356-1364 Kirby) are as follows: 

1. " The regular terms of the county courts in 
the several counties in this State — except in the coun- 
ties of Franklin, Pope, Madison, Newton, Clay, 
Izard, Sharp, and Fort Smith District of Sebastian — 
shall commence on the first Monday in January, 
April, July, and October of each year, and continue 
as long as the business shall require. 

2. " The county court of Sebastian county shall 
be held at Greenwood on the first Monday in Janu- 
ary, April, July, and October, and at Fort Smith on 
the second Monday in January, April, July, and 
October in each year. 

3. " The county court of Franklin county shall be 
held on the third Monday in January, April, July, 
and October. 



38 A PRACTICAL TREATISE ON THE 

4. " The county court of Pope county shall be 
held on the fourth Monday in March and the first 
Monday in January, July, and October. 

5. " The county court of Madison county shall be 
held on the second Monday in January, April, July, 
and October, and on the fourth Monday in March. 

6. " The county court of Newton county shall 
be held on the third Monday of January and July, 
and the first Monday in April and October." 

7. In Clay county the court shall be held on Mon- 
day before the first Monday in January, and the 
first Monday in April, July, and October ; in Sharp 
county on the third Monday in January, April, July, 
and October; and in Izard county the second Mon- 
day in January, April, July, and October. 

49. The Probate Court convenes in each county 
four times a year. The dates for convening are so 
numerous that it is not practicable to give them here. 
(See Sec. 1139, Kirby). 

50. Salary. — County and probate judges receive 
a fixed salary for their services. The salary of the 
judge of each county is fixed by law, the minimum 
being $300 and the maximum $2,400 per year. Each 
judge orders the clerk of his court to issue quarterly 
warrants for the amount of salary to which he is en- 
titled by law. 

EXECUTIVE DEPARTMENT. 

51. The County Officers of the Executive Depart- 
ment are as follows: Circuit clerk, county clerk, 



CIVIL GOVERNMENT OF ARKANSAS. 39 

sheriff and collector, treasurer, assessor, county ex- 
aminer, coroner, and surveyor. 

52. County and Circuit Clerks. — The qualified 
electors of each county elect a circuit clerk for the 
term of two years. He is ex officio* clerk of the 
county and probate courts and recorder in his county, 
except when any county has a population exceeding 
15,000 inhabitants as shown by the last Federal 
census. In such counties there is elected a county 
clerk in like manner as circuit clerk. The county 
clerk is ex officio clerk of the probate court of his 
county. It thus leaves the circuit clerk to be ex 
officio recorder only, and not clerk of the county and 
probate courts as he is when only one clerk is elected 
for all the clerical duties of the county. There are 
at present twenty-nine counties in the State having 
both a circuit and a county clerk. They are as fol- 
lows: Benton, Boone, Carroll, Clark, Columbia, Con- 
way, Crawford, Drew, Faulkner, Franklin, Garland, 
Hempstead, Independence, Jackson, Jefferson, John- 
son, Lee, Logan, Lonoke, Madison, Monroe, Ouachita, 
Phillips, Pope, Pulaski, Sebastian, Washington, 
White, and Yell. 



* The word ex officio is a Latin word, and means growing 
out of office. As used in civil government, it means that 
by virtue of the fact that an individual holds a certain 
office, he must perform the duties of another also, as, for 
example, the law requires the circuit clerk to perform the 
duties of recorder, hence he is said to be ex officio recorder. 



40 A PRACTICAL TREATISE ON THE 

53. Duty of Circuit Clerk. — He keeps a record 
of the proceedings of the circuit court; administers 
oaths to witnesses, or to others on oath, in the circuit 
court, prepares bonds, preserves seal, and keeps his 
office at the county seat; he also records in books fur- 
nished by the county, deeds, mortgages, deeds of 
trust, bonds, marriage contracts and certificates. 

If you hold a deed, mortgage, or a deed of trust, 
you do not have to have it recorded to make it valid, 
or good. But, if the deed be destroyed in any way, 
it might be impossible to again restore it, while, if 
recorded, a duplicate, or a new deed, could easily be 
obtained. All instruments as mentioned above should 
be recorded without delay. 

If, at any time, you should desire a deed or a 
mortgage recorded, or to examine the title of any 
property in the county, you gO' to the circuit clerk's 
office. These books are kept open for public inspec- 
tion. 

54. Bond. — The circuit and county clerks each 
shall, before entering upon the discharge of their 
duties, take, and subscribe the oath prescribed in 
Art. 42, and shall enter into bond with good and 
sufficient security to the State for the faithful per- 
formance of their duties in a sum not less than 
$15,000. The above bond is for the faithful perform- 
ance of duty as county and as circuit clerk. An 
additional bond of $2,000 is required of the circuit 
clerk for the faithful performance of his duty as 



CIVIL GOVERNMENT OF ARKANSAS. 41 

recorder. No extra bond is required of the county 
clerk for the faithful discharge of his duty as probate 
clerk. 

55. Duty of County Clerk. — He keeps a record 
of the proceedings of the county and probate courts; 
administers oaths to witnesses, or others on oath, in 
such courts; makes and delivers a list of all electors 
who have paid their poll tax; furnishes the collector 
with a list of those who have been assessed, stating 
the amount, issues marriage licenses, furnishes the 
prosecuting attorney, at the beginning of each term 
of the circuit court, a statement of all the deficits of 
collecting officers, on account of fines, penalties, and 
forfeitures, and issues licenses to circuses auction- 
eers, peddlers, and to saloon keepers or any one who 
sells ardent liquors. 

56. Deputies. :f — Each clerk may appoint one or 
more deputies^ for whose official conduct he shall be 
responsible. Such deputies shall possess the like 
qualifications and take the like oaths of office as their 
principals, and may, in their name, perform all duties 
required of their principals. 

57. Sheriff and Collector. — The qualified elec- 
tors of each county elect a sheriff for the term of two 



* Each officer has to pay his own deputy or deputies, 
unless otherwise stated under the respective topics. The 
law expects each person to perform the duties of his office; 
but in case he cannot, he is allowed to employ some one, at 
his own expense, to assist him. 



42 A PRACTICAL TREATISE ON THE 

years who is ex officio collector of all taxes, except 
when the Legislature passes a special act granting 
to a county the privilege of electing one person as 
sheriff and another as tax collector. It is in the 
power of the Legislature to grant this privilege to any 
county asking for it. There are only four counties 
in the State — Columbia, Independence, Carroll and 
Benton to which this privilege has been granted. 

58. Bond. — The sheriff shall, within fifteen days 
after the receipt of his commission, enter into bond 
to the State in any sum not less than $5,000 nor more 
than $50,000 for the faithful performance of his 
duties as sheriff; and as collector, he shall enter into 
bond in amount greater by one-fourth than the aggre- 
gate amount of taxes to be collected by him. As 
sheriff, his bond must be approved by the circuit 
court, and as collector, by the county court. Before 
entering upon the discharge of his duties he takes and 
subscribes the oath of office given in Art. 42. 

59. Duties. — He executes all processes directed 
to him by legal authority, is a conservator of the 
peace, arrests all persons offending in his presence, 
quells and suppresses all affrays, riots, or other dis- 
turbances, attends each term of court in his county 
and waits upon the same, serves warrants and sub- 
poenas, executes any one condemned to death, pro- 
claims at least twenty days beforehand all county 
elections, has care of the court-house and jail, takes 
care of the prisoners, or appoints some one to do so, 



CIVIL GOVERNMENT OF ARKANSAS. 43 

and sells, or causes to be sold, all property on which 
taxes have not been paid. If the sheriff fails to per- 
form any of the above duties, or any duties enjoined 
by law, he is guilty of misdemeanor, and may be re- 
moved from office. 

As tax collector, he notifies the tax payers of the 
county as to the time for collecting taxes, goes to 
each township in the county at the time so stated, 
and there collects all taxes due the county. 

60. Deputies. — He has power to appoint such 
deputies as will enable him to perform all the duties 
of his office in due time. He is personally respon- 
sible for the official conduct of his deputies. Such 
appointments shall be approved by the circuit court, 
or the judge thereof in vacation, or by the county 
court. The deputy sheriff possesses all the powers 
of his principal and may perform all duties required 
of the sheriff. 

61. Salary of County Officers. — The salary of 
county officers, unless otherwise stated under their 
respective heads, is fixed by special acts of the Legis- 
lature. Usually a special act is passed for each county 
fixing the salary of its officers. To indicate clearly 
how this is done, the act fixing the emoluments and 
salary of the officers of Benton county is here quoted 
in substance: 

" Fixes $1,500 as limit of fees and salary of county 
clerk. Fixes $1,800 as limit to fees and salary of 



44 a Practical treatise o& th© 

circuit clerk. County clerk not allowed to charge 
fees for services rendered any person having a claim 
against county. Treasurer's salary not to exceed 
$900. Collector's salary not to exceed $1,000. 
Sheriff's salary not to exceed $1,500. Assessor's 
salary not to exceed $800. Assessor may also have 
same fees for listing and assessing delinquents as 
now provided by law. Out of such sum to pay 
deputies and assistants. Excess money to be paid 
into general revenue fund of county." 

62. County Treasurer. — The qualified electors 
of each county elect, for the term of two years, a 
county treasurer, who is ex officio treasurer of the 
public-school funds of the county. Before taking 
charge of his office he must enter into bond with the 
State, with good and sufficient security, in a sum 
one-fourth greater than all the county revenues that 
may come into his hands in any one year. 

He may appoint one deputy, for whose official con- 
duct he is held responsible. This deputy possesses 
all the powers of his principal. 

63, Duties. — As his name implies, he is custodian 
of the people's money. By order of court, he dis- 
burses, or pays out, the money belonging to the 
county. On presentation of directors' warrants, he 
pays out such public-school money as may belong 
to each district of the county. He can pay out no 
more money to defray the expenses of any one dis- 



CIVIL GOVERNMENT OF ARKANSAS. 45 

trict than the amount apportioned to it, although 
there be jet plenty of money in the treasury. On 
the first Monday in July he must make, also, an 
annual settlement with the county court, setting 
forth the receipts, disbursements, and the amount 
on hand of all moneys having come into his hands 
during the year. 

64. Compensation. — The county treasurer, in all 
cases where the amount received does not exceed 
$1,000 in any one year, receives four per cent, and 
on all sums over $1,000 he receives only two per cent. 
He is also allowed, as commission on the aggregate 
amount of all the school funds of the county com- 
ing into his hands in any one year, the rate of two 
per cent, and no more: provided, that if any county 
treasurer shall have taken commission from any par- 
ticular school fund, the same fund shall not be sub- 
ject to commission in the hands of his successor in 
office. 

65. Assessor. — "At the general election, in the 
year 1884, and in every second year thereafter, the 
qualified electors of each county shall elect an as- 
sessor for the term of two years. He shall enter into 
bond in a sum not less than $1,000 nor more than 
$8,000, for the faithful discharge of his duty. He 
shall take and subscribe the oath prescribed in the 
constitution (Art. 42, this work), and in addition 
thereto another oath provided especially for his office/' 



46 A PRACTICAL TREATISE ON THE 

66. Duties. — The assessor goes to each voting 
place in his county and there remains no less than 
one day where the voting population is less than 
seventy-five, two days where it is seventy-five and 
not more than one hundred and twenty-five, three 
days where it is more than one hundred and twenty- 
five, and ten days at the county seat, and ascertains 
as nearly as possible while there the exact valuation 
of the property, both personal and real, and the per 
capita tax; he keeps a list of all delinquent tax payers, 
and is required to make a return of all taxable prop- 
erty to the county clerk. He also meets with the 
Board of Equalization, having with him a complete 
list of the assessed property of the county. 

He may appoint such deputies to assist him as 
will be necessary to complete his work in the time 
fixed by law. 

67. Compensation. — One-half of the compensa- 
tion of each assessor is paid by the State and one- 
half by the county. For each name listed he is al- 
lowed twenty cents. All the property belonging to 
one individual is counted as one name. For each list 
of real property the owner of which is unknown, or 
a non-resident, he is allowed one dollar. (Sees. 6959- 
62 Kirby). 

68. Kinds of Property. — There are two kinds of 
property, Personal and Eeal Estate. Personal prop- 
erty consists of such things as are movable, or in- 
tended to be moved, and may be taken by the owner 



CIVIL GOVERNMENT OF ARKANSAS. 47 

wherever lie goes — that is, may attend his person, 
as household goods, farm implements, and stock. Real 
estate consists of such property as cannot be, or is 
not intended to be, moved, and includes land with 
whatever is erected upon it, as fences and houses. 
Timber growing is real estate ; but when cut and made 
into cord wood, fence posts, or lumber, it is held to 
be personal property. In some cases it is rather hard 
to discriminate. 

69. Assessment. — Personal property is assessed 
every year and real estate every two years. This is 
done because personal property is continually chang- 
ing and is not so nearly permanent in regard to owner- 
ship as is real estate. The assessor furnishes the 
property owner a blank especially prepared for the 
purpose of listing property. The owner, after the 
list has been carefully made out setting forth the 
various kinds of property — as horses, hogs, cattle, 
sheep, wagons, farm implements, household goods, 
moneys, mortgages, merchandise, etc., and descrip- 
tion of real estate, if any, and the value thereof — 
returns it to the assessor. If any one so desires 
it, the assessor will assist in making up this list and 
fixing the value of each kind of property. The law 
requires the assessor to ascertain as nearly as possi- 
ble the cash value of property and whether or not it 
has all been listed. He is also required to make a 
list of all who fail to assess their property, hunt 
them up, assess their property, and impose a penalty 
for his extra trouble. 



48 A PRACTICAL TREATISE ON THE 

70. Surveyor. — The qualified electors of each 
county elect a county surveyor for the term of two 
years. He must enter into bond with the State in a 
sum not less than $1,000 nor more than $6,000 for 
the faithful performance of his duty. He receives 
$5 for each day he may be engaged, either under 
order of court or otherwise, and collect such fees for 
his services as are now 'fixed by law. 

71. Duties. — He executes all orders to him di- 
rected by any court of records, for surveying or re- 
surveying any tract of land the title of which is in 
litigation; he is also required to survey roads for 
county purposes, to establish or re-establish county 
lines, and to survey or measure any piece of land 
the boundary or quantity of which may be in dispute. 
A certified copy of his records is admitted as prima 
facie evidence in any court of records. All surveys 
made by him must conform to the original United 
States Land Surveys. 

He has power to appoint deputies who, under the 
same oath, may make legal surveys just as the county 
surveyor himself. 

72. Requisites. — He must furnish himself with 
a compass of approved construction, a two-pole chain 
of fifty links, and a well-bound book in which records 
of surveys are to be recorded. Before making a 
survey he must correct his compass according to the 
variation of the needle, must have bearings, in de- 
grees, of lines to be established and place of begin- 
ning. 



CIVIL GOVERNMENT OF" ARKANSAS. 4§ 

73. Coroner. — The qualified electors of each 
county elect a coroner for the term of two years. 
He shall enter into bond in a sum not less than 
$5,000. He takes the oath of office given in Art. 
42. He is really a judicial officer; however^ it is 
more convenient to discuss the subject here, 

74. Duties. — He shall be a conservator of the 
peace, and shall quell all affrays, riots, and assaults 
and batteries. If the dead body of any person be 
found and the circumstances of the death be un- 
known, information shall immediately be given the 
coroner of the county, and also if any person dies 
and the circumstances of his death indicate that he 
has been foully dealt with, the information shall 
forthwith be furnished to the coroner. On the re- 
ceipt of such information the coroner shall summons, 
without delay, not less than twelve nor more than 
twenty-three persons of his county, qualified to serve 
as jurors, to appear at the place where the body -lies, 
and if twelve do not appear, he shall summons others 
until that number appears. He shall then adminis- 
ter an oath prescribed by law to the above requisite 
number, and shall proceed to ascertain as nearly as 
possible the truth concerning the death of the indi- 
vidual. He may do this in any way possible as in 
any other trial by jury, as summoning persons who 
may be suspected to be concerned in or may know 
something concerning the death. If the jury brings 
in a verdict of death by foul means, and all the evi- 

4 



50 A PRACTICAL TREATISE ON THE 

deuce seems to substantiate the fact that some par- 
ticular individual committed the deed, the coroner 
must have such person arrested and held for further 
trial. This is one of the primary objects of the in- 
quest, and to ascertain whether or not it be neces- 
sary to take further steps to bring the criminal to 
justice. 

When the sheriff commits some unlawful deed, or 
is suspected of it and is brought to trial for the same, 
the coroner performs all the duties of the sheriff 
until he is restored to office, or, if removed, until 
the Governor appoints another. 

75. Compensation. — He receives no fixed salary 
for his services, but collects such fees as are fixed by 
law, the maximum being $3 for holding an inquest 
over a dead body. 

76. County Examiner. — The county judge of 
each county, at the first term of court after each 
general election, appoints, in each county not divided 
into two judicial districts, one county examiner, and 
in each county divided into two districts, may appoint 
one county examiner for each district, such examiner 
to be of high moral character and scholastic attain- 
ments. The person appointed receives a commission 
issued by the county clerk, who also notifies the State 
Superintendent of such appointment. 

Before entering upon the discharge of his duty 
he takes and subscribes the oath of office prescribed 
in Art. 42 ; he is also examined to procure examiner's 



CIVIL GOVERNMENT OF ARKANSAS. 51 

license. The State Superintendent attends in person 
or appoints some one to conduct this examination. 

77. Salary. — Each person, before being admitted 
to examination, must get a receipt from the county 
treasurer for $2. This goes to the credit of the 
school fund. The county judge may allow the county 
examiner all or such a part of such receipts as in his 
opinion seems to be just compensation. He is not 
permitted to allow the examiner more than is re- 
ceived from the applicants for examination. 

78. Duties. — He is required by law to distribute 
to school directors the poll books prepared and sent 
out by the State Superintendent for annual elections ; 
to examine and license teachers of common schools ; 
to hold for that purpose, at the county seat, a public 
examination on the third Thursday and Friday of 
March, June, September, and December; to give 
notice of such examination at least twenty days be- 
forehand ; to examine on the following branches of 
study: Orthography, Heading, Penmanship, Civil 
Government, Arithmetic, Algebra, Grammar, Physi- 
ology and Hygiene, United States History, Modern 
Geography, United States System of Land Survey, 
and Theory and Practice of Teaching; to keep a 
record of the name, age, sex, post-office address, nativ- 
ity, and date and grade of certificate of each teacher 
licensed; and to make, on or before the tenth of 
August, annually, a report concerning the schools of 
the county. He issues three grades of certificates: 



'52 A PRACTICAL TREATISE ON THE 

First, second, and third grades. The first grade is 
good in the county where issued for two years; the 
second, for one year; and the third, for six months. 
For a third grade certificate the applicant must be 
examined on Spelling, Reading, Penmanship, Gram- 
mar, Arithmetic, Geography, and United States His- 
tory, making an average of 65 per cent, with nothing 
below 60 per cent. ; for a second grade, the subjects 
required for the third grade, together with Arkansas 
History, Theory and Practice of Teaching and Phys- 
iology and Hygiene, making an average of 75 per 
cent, with nothing below 65 per cent. ; and for a first 
grade, the subjects required for the second grade, 
together with Algebra and Civil Government, mak- 
ing an average of 85 per cent, with nothing below TO 
per cent. 

The county examiner is not county superintendent 
of schools. There is, at present, no such officer. It 
has been advocated for some time that this office 
should be created and the county examiner's office 
merged into it. The county examiner is expected, 
however, to look after the schools as much as possi- 
ble, and to encourage the people in bringing their 
schools up to a high standard. 

TAXES.* 
79. Equalization Board. — The Board of Equali- 
zation of each county is composed as follows : Three 

* We, as people of Arkansas, are taxed as follows: 
1. The State levies a tax upon the assessed value of both 
the personal property and real estate of each county. It 



CIVIL GOVERNMENT OF ARKANSAS. 53 

intelligent citizens, real-estate owners and qualified 
electors of such county, are appointed every two years 
by the Governor on or before the first day of August. 
The said three citizens are selected from different parts 
of the county, and hold their office for the term of 
two years. Counties of the State having two judicial 
districts have a Board of Equalization for each dis- 
trict, when it is so recommended by the county court. 
This board meets in each county on the second Mon- 
day in September of each year. If there be two judi- 
cial districts the board not in the district where the 
levying court meets shall meet on the first Monday 
in September at the place for holding the court of 
that district. 

The members of the board, on meeting, proceed to 



is usually about 4 mills on the dollar. The tax collector 
(Arts. 57 and 60) of each county is notified of this rate, 
and, at the regular time for collecting the county taxes, 
collects the State tax; 

2. The law requires the collector to collect also a 3-mills 
tax for public-school purposes; 

3. The levying court levies a tax upon all property for 
the general expenses of the county. This tax is usually 
4 or 5 mills; 

4. Each school district may vote a tax of 7 mills for the 
support of the public school of the district; 

5. Each qualified voter must pay a poll tax of $1 each 
year for the support of the public schools of the State; and 

6. If we live in an incorporated town or city, we have to 
pay such taxes as the city council may levy upon us for 
the support of the institutions of the town or city. 



54 A PRACTICAL TREATISE ON THE 

organize by electing one of their members president. 
The county clerk is clerk of the board. Each mem- 
ber takes the oath given in Art. 42. The sum of 
$3 per day for each day engaged in the discharge 
of their duties is paid to each member. If a vacancy 
should occur in the board, the Governor appoints 
another. 

80. Duties. — The specific duties of the Board of 
Equalization are, to equalize the valuation of all per- 
sonal property by adding to or taking from its value, 
as returned by the assessor, according as too low or 
too high an estimate has been placed upon it, to hear 
all complaints concerning the assessed value of prop- 
erty, and to add to the assessed property such items 
as may have been omitted, or to drop such as may not 
belong. In order to do this properly, it is the duty 
of the assessor to be present with his books containing 
the property assessed by him. 

8 1. Real Estate. — The County Board of Equali- 
zation meets on the second Monday in September 
only once every two years for the purpose of equal- 
izing the valuation of real estate. As in the case of 
personal property, it is their duty to add to or take 
from the valuation of real estate as assessed by the 
assessor. It is the duty of the county clerk to be 
present with the returns of all property as assessed 
by the assessor. The primary object of this work 
is that just and equal valuation may be placed upon 
all property, thus causing each individual to bear 



CIVIL GOVERNMENT OF ARKANSAS. 55 

his part of the tax, or expense, of the government. 
Any person may appear before this court and show 
that too high an estimate has been placed on his 
property. If aggrieved by the action of the board, 
he may take an appeal to the county court and after- 
ward to a higher court. 

82. Levying Courts. — The county judge, with a 
majority of the justices of the peace, constitute a 
court for levying the taxes and making appropria- 
tions for the expenses of the county. They meet 
annually at the court-house in their respective coun- 
ties, or districts, on the first Monday in October. 
The county judge is presiding officer and the clerk 
of the county court is clerk of the levying court. 
They proceed to business in the following manner: 

First, The clerk of the county court submits a 
full written report and statement of the financial 
condition of the county, showing amount of revenues 
received in the preceding twelve months, sources, 
appropriations of previous courts, amount drawn, 
the balance or deficit that there may be, and the tax- 
able property as shown by the assessor's book. 

Second. The sheriff submits a written report of 
all taxes collected, the kind of funds, the disposition 
made of it, and the amount of license collected by 
him, and the number of prisoners and the expense 
of keeping. 

Third. The treasurer of the county submits a writ- 



56 A PRACTICAL TREATISE ON THE 

ten report of all funds received by him, from whom, 
and on what account. 

Fourth. The county judge submits a written re- 
port setting forth the condition of public roads, 
bridges, condition of the public property of the 
county, and all other matters of public concern from 
a financial standpoint. 

Fifth. The levying court proceeds to make the 
appropriations in the following order: 

1. To defray the lawful expenses of the several 
courts of record of the county or district and the law- 
ful expenses of criminal proceedings in magistrates' 
courts, stating the expenses of each of said courts 
separately. 

2. To defray the expenses of keeping persons 
accused or convicted of crime in the county jail. 

3. To defray the expenses of making the assess- 
ment and tax-books and collecting taxes on real and 
personal property. 

4. To defray the lawful expense of public records 
of the county or district. 

5. To defray the expense of keeping paupers of 
the county or district. 

6. To defray the expense of building and repair- 
ing public roads and bridges and repairing and takr 
ing care of public property. 

1. To defray such other expenses of county gov- 
ernment as are allowed by the laws of this State. 



CIVIL GOVERNMENT OF ARKANSAS. 57 

8. After the appropriations shall have been made, 
the court shall then levy the county, municipal, and 
school taxes for the current year. 

83. Restrictions. — The court specifies the amount 
of appropriations in dollars and cents for each pur- 
pose. The amount of appropriations for any one year 
must not exceed ninety per cent, of taxes levied for 
that year. All warrants must specify the appropria- 
tion upon which they are drawn. 

The justices of the peace who hold or assist the 
county judge in holding the terms of the county 
courts in their respective counties in levying county 
taxes, and in making appropriations for the expenses 
of the county, are entitled each to $3 per day, paya- 
ble out of the county treasury. 

If it were the province of this book, I would say 
here that this plan should be changed. A number 
of counties have as many as sixty justices of the 
peace. For $3 per day they are generally all present 
when the levying court convenes. The cost of a three 
days' term of court according to the above is $540. 
This work could be performed by five men as well as 
by sixty or any other number. 

COUNTY BUILDINGS. 

84. Court- House and Jail. — There shall be 
erected in each county, at the established seat of jus- 
tice, a good and sufficient court-house and jail, and 



58 A PRACTICAL TREATISE ON THE 

as soon as the court-house and jail shall be erected 
and the circumstances of the county will permit, there 
shall also be erected a fire-proof building at some con- 
venient place near the court-house, in which shall be 
kept the offices of the recorder and the clerks of the 
several courts held in the county. 

When it has been decided that any of the above 
buildings shall be erected or any such improvements 
made, it is the duty of the county judge to appoint 
a commissioner of building, who shall take the plans 
and specifications, and, after the matter has been 
sufficiently advertised, let the contract to the lowest 
bidder, who shall enter into bond with sufficient se- 
curity for the faithful performance of the duties set 
forth in the contract. 

The commissioner shall receive such pay for his 
services as the county judge may deem reasonable. 

85. Poorhouse. — Each county court, or judge, 
shall have power, when it is thought expedient, to 
establish a poorhouse, and for that purpose to appoint 
three persons to act as commissioners, whose duty 
it shall be to select a proper site for the same, pur- 
chase such quantity of ground as may be directed, 
and cause such buildings to be erected as may be 
thought necessary. These commissioners, before en- 
tering upon the discharge of their duty, shall take an 
oath for the faithful and honest discharge thereof. 

After the poorhouse has been completed, the 
county judge, for the smallest sum, shall let it out, 



CIVIL GOVERNMENT OF ARKANSAS. 59 

annually, to such competent person as will take charge 
of the same, reside therein, feed, clothe, and fur- 
nish the necessary medicine and medical attendance 
to all inmates. Such person shall give bond with 
good security for the faithful discharge of the above 
duties. It has been made the duty of every county 
to relieve, maintain, and support the poor, sick, lame, 
blind, and others who are unable to help themselves. 

86. House of Correction. — If the tax payers of 
each township and enough to make a majority of all 
tax payers of the county so petition it, the county 
judge shall purchase a farm or a tract of land within 
the county and provide for the erection of a house of 
correction. He shall let the contract to the lowest 
bidder, as in the case with the poorhouse. 

All persons convicted of petit larceny, or any 
crime such as to imprison them in the county jail, 
shall be sent to the house of correction. The county 
judge shall appoint a superintendent, who shall re- 
ceive such compensation as the judge may deem 
reasonable. The house of correction shall be under 
such discipline and management as the superintendent 
and the county judge may prescribe from time to 
time. The general management as to work, pro- 
ducts, expense, and deficits has been fixed by law. 

87. Commissions. — All officers of the county, ex- 
cept county examiner and constable, are commissioned 
by the Governor. 

88. Vacancies. — (See Art. 38.) 



60 A PEACTICAL TEEATISE ON THE 



REVIEW QUESTIONS. 

1. Give origin of the county. 2. From what word is it 
derived? 3. How were counties first formed? 4. How has 
the plan been reversed? 5. What is the minimum area 
and number of inhabitants that a county may have? 
6. What counties are excepted? 7. What must be done 
before a part of a county may be cut off? 8. What before 
a county seat can be located or changed? 9. How many 
counties in Arkansas when admitted into the Union? 10. Is 
your county one? 11. Give the oath of office. 12. Is there 
a Legislative Department in the county? 13. Give the two 
departments. 14. How long does the county judge serve? 

15. What other duty has he besides that of county judge? 

16. Give his Qualifications. 17. Over what affairs of the 
county has he jurisdiction? 18. What does he do as pro- 
bate judge? 19. Give his general duties. 20. When does 
the county court convene in your county? 21. How often 
does the probate court meet? 22. Give salary of the county 
judge. 23. Name the county executive officers. 24. Is the 
coroner an executive officer? (See Art. 73.) 25. How long 
does the county and circuit clerk serve? 26. What are the 
duties of the clerk when only one is elected in the county? 
27. In what counties may a county clerk be elected? 28. Are 
there two clerks in your county? 29. If so, give their names. 
30. Give the duties of the circuit clerk. 31. Give bond of 
both the circuit and the county clerk. 32. Give duties of 
county clerk. 33. How long does the sheriff hold office? 
34. What other office does he hold? 35. May any county 
elect both a sheriff and a collector? 36. Give the sheriff's 
bond. 37. Who is the sheriff of your county? 38. Is there 
a separate collector? 39. Give duties of sheriff and col- 
lector. 40. May he appoint a deputy? 41. How is the 
salary of county officers fixed? 42. How long does the 
treasurer serve? 43. Who collects school funds? 44. Give 
duties and bond of treasurer. 45. What compensation does 



CIVIL GOVERNMENT OF ARKANSAS. 61 

he receive? 46. How long does the assessor serve? 47. What 
is his bond? 48. Give duties and compensation of assessor. 
49. Explain the two kinds of property and give example of 
each. 50. How does the assessor proceed to assess property? 
51. Give hond of surveyor and his duties. 52. What are the 
requisites before proceeding to make a survey? 53. Give 
term of office and bond of the coroner. 54. Explain care- 
fully his duties and how he proceeds to hold an inquest. 
55. Under what circumstances does he take the sheriff's 
place? 56. What compensation does he receive? 57. Is the 
county examiner elected? 58. How long does he hold 
office? 59. How many in each county? 60. Give his duties. 
61. Give branches of study required to -be taught in the 
public schools. 62. Give grades of certificates and require- 
ments for each. 63. How is the Board of Equalization 
composed? 64. What is the object of it? 65. Give time of 
meeting. 66. What compensation do its members receive? 

67. Explain carefully the object of the levying court. 

68. How do they proceed to business? 69. What compensa- 
tion do its members receive? 70. Do you think our levying 
court is the best and cheapest plan? 71. Give the require- 
ments in regard to the court-house and jail. 72. What pro- 
visions are made relative to a poorhouse, and who has 
charge of it? 73. What is the object of the house of cor- 
rection? 74. How is it managed? 75. What officers of the 
county and township are commissioned by the Governor? 
76. How are vacancies filled? 77. What does the word 
ex officio mean? 78. Give its use and meaning in civil 
government. 79. How many ex officio officers are there in 
your county, and give them? 



62 A PBACTICAL TBEATISE ON THE 



CHAPTER V. 



^he Slate. 



89. Introductory. — The State possesses the three 
functions of government: First, Legislative Depart- 
ment, to make all laws; second, Judicial Depart- 
ment, to apply the laws; and third, Executive 
Department, to enforce them. Our State gov- 
ernment in form is republican — that is, a form 
of government in which all affairs are administered 
not by each individual present in person, but by rep- 
resentatives of the people. It is just as true with our 
State government as with the national, that our gov- 
ernment is of the people, by the people, and for the 
people. A government used for any purpose other 
than to serve the best interests of the people as a 
body and to serve as a means of protection to them, 
while performing life's duties, is a failure, and should 
have been crushed in its very incipiency. All gov- 
ernment should be the servant of man. That govern- 
ment which approaches most nearly to a complete ser- 
vitude of man is the highest and best form of govern- 
ment. 



CIVIL GOVERNMENT OF ARKANSAS. 63 

LEGISLATIVE DEPARTMENT. 

90. The Legislative Power of this State is vested 
in a General Assembly, which consists of the Senate 
and Honse of Representatives. Ever since the days 
of the " conscript fathers " of Rome the idea of dou- 
ble legislation has existed. It is based on the prin- 
ciple that hasty or nnwise legislation by one body will 
be checked or greatly modified by the other. 

91. Time of Meeting. — The General Assembly 
meets at the seat of government every two years, on 
the second Monday in January, at 12 o'clock M., 
and continues in session sixty days. It may, by a 
vote of two-thirds of the members elected to each 
house of the General Assembly, extend the time. It 
is usually extended from ten to thirty days. It meets 
in each odd year, as 1895, 1897, 1899. 

92. House of Representatives. — The House of 
Representatives consists of members chosen every 
two years by the qualified electors of the several 
counties. No one shall be a representative who, at 
the time of his election, is not at least twenty-one 
years old, is not a citizen of the United States, and 
who has not been for two years next preceding his 
election a resident of the State, and for one year a 
resident of the county. Should a vacancy occur in 
any county's representation, the Governor appoints 
some one to fill such vacancy. (Art, 38.) 



64 A PRACTICAL TREATISE Oft THE* 

93. Apportionment of Representatives. — The? 
constitution provides that no House shall ever be com- 
posed of less than seventy-three nor more than one 
hundred representatives. There are one hundred 
members in the House at present, apportioned among 
the several counties as follows: 

1. Counties having one representative: Arkansas, 
Grant, Howard, Izard, Lafayette, Little River, 
Marion, Mississippi, Ashley, Baxter, Bradley, Boone, 
Carroll, Calhoun, Cleburne, Chicot, Clay, Craighead, 
Cleveland, Crittenden, Cross,. Dallas, Desha, Drew, 
Faulkner, Fulton, Greene, Hot Springs, Jackson, 
Johnson, Lawrence, Lincoln, Madison, Miller, Mon- 
roe, Montgomery, Newton, Perry, Pike, Polk, 
Prairie, Randolph, Scott, Sharp, Stone, Van Buren, 
Nevada, Ouachita, Poinsett, Saline, Searcy, Sevier, 
St. Francis, Union, and Woodruff. 

2. Counties having two representatives: Crawford, 
Conway, Hempstead, Lee, Lonoke, Benton, Clark, 
Columbia, Franklin, Garland, Independence, Logan, 
White, Phillips, Pope, and Yell. 

3. Counties having three representatives: Jefferson, 
Sebastian, and Washington. 

4. Pulaski is the only county having as many as 
four representatives. 

94. Salary of Members. — The members of the 
General Assembly, representatives and senators, re- 



CIVIL GOVERNMENT OF ARKANSAS. 65 

ceive for their services the sum of six dollars per day, 
from the convening of the General Assembly nntil 
the final adjournment, and ten cents per mile for each 
mile traveled in going to and returning from the 
seat of government, over the most direct route. 

OFFICERS OF THE HOUSE. 

95. The Speaker is chosen from the members of 
the House at the beginning of each session. The 
clerk of the House of the preceding session of the 
Assembly calls the House to order and presides until 
the speaker is elected and sworn in. The speaker 
receives $8 per day while presiding over the House. 

He is the second officer in the State in influence 
and power. He presides over the House, directs all 
business of legislation, preserves order and the dig- 
nity of the House, and decides such points of order 
as may be necessary. As almost all of the work of 
the Legislature, especially in making laws, is done 
or greatly matured by committees which are appointed 
by the speaker, his position is one of great importance 
and influence. Since he appoints so many com- 
mittees, he can greatly shape legislation. He is 
called speaker because he speaks or declares the will 
of the House. 

96. The Clerk of the House is elected by the 
representatives. With his clerical force, he performs 
all the duties required by the House, as the engross- 

5 



66 A PRACTICAL TREATISE ON THE 

ing and enrolling of all bills. The law requires that 
all bills must be entered on the records in a plain and 
legible hand. For his services he receives $6 per day. 
There are three assistant clerks, each of whom re- 
ceives $5 per day and are elected by the representa- 
tives. 

97. The Journal Clerk. — The constitution re- 
quires each house to keep a journal of its proceed- 
ings; and from time to time to publish the same, 
except such parts as require secrecy ; and the yeas and 
nays on any question, at the request of any five mem- 
bers, to be entered on the journal with the name of 
the individual so voting. The House elects one 
journal clerk and one assistant to perform this duty, 
each of whom receives $5 per day. 

98. The Chaplain of the House opens the daily 
sessions with prayer. He is elected by the House and 
receives $5 per day for his services. 

99. The Sergeant-at-Arms is elected by the 
House. He has one assistant. They each receive $4 
per day. The assistant sergeant-at-arms performs the 
duty of doorkeeper and postmaster of the House. 
The sergeant-at-arms is the ministerial and police 
officer of the House. He is to the House what the 
sheriff is to the courts. Under the directions of the 
speaker, he preserves order and executes all processes 
issued by the House or any of its committees. In case 
of disorder, the sergeant-at-arms, at the request of the 
speaker, bears through the House the mace, a staff 



CIVIL GOVERNMENT OF AEKANSAS. 67 

upon which an eagle is perched. This is intended to 
signify that if order be not restored the disturbing 
party will be forced to order by arrest. 

100. The Pages. — The House elects as many 
pages as are deemed necessary. Pages are persons, 
usually boys, chosen to wait upon a congress or a legis- 
lature, as running errands. They receive $2.50 per 
day. There are six pages in the House at present, 
selected and elected in the following manner: All of 
the representatives of each congressional district meet 
and decide upon some boy in their congressional dis- 
trict whom they think to be suitable to fill the office 
of page. The six boys of the several congressional 
districts are then nominated and elected by the House. 
The speaker usually just appoints the boys who are 
nominated by the representatives of the several dis- 
tricts, instead of going through a formal election. 

101. Senate. — The Senate is composed of mem- 
bers chosen every four years by the qualified elec- 
tors of the senatorial districts of the State as shown 
in Art. 102. ~No person shall be a senator who, at 
the time of his election, is not at least twenty-five 
years of age, is not a citizen of the United States, 
and who has not been for two years next preceding 
his election a citizen of the State and one year a citi- 
zen of the district where he may be chosen. Should 
a vacancy occur in the Senate, the Governor appoints 
some one to fill such vacancy. (Art. 38.) 

, The Senate is now composed of thirty-two mem- 



68 A PRACTICAL TREATISE ON THE 

bers, one elected from each senatorial district except 
the Tenth, the one in which Little Rock is located. 
This district has two senators. The constitutional 
provision is, that no Senate shall be composed of less 
than thirty nor more than thirty-five members. 

102. Senatorial Districts. — The State is divided 
into thirty-one Senatorial districts, composed, respec- 
tively, of the following counties : 

First — Greene, Craighead, Clay. 

Second — Randolph, Lawrence, Sharp, 

Third — Marion, Boone, Newton. 

Fourth — Johnson, Pope. 

Fifth — Washington. 

Sixth — Independence, Stone. 

Seventh — Cross, Woodruff. 

Eighth — Yell, Logan. 

Ninth— Saline, Hot Springs, Grant. 

Tenth — Pulaski, Perry. 

Eleventh — Jefferson. 

Twelfth — Lonoke, Prairie. 

Thirteenth— Arkansas, Monroe. 

Fourteenth — Lee, Phillips. 

Fifteenth— Ashley, Chicot. 

Sixteenth— Lincoln, Cleveland, Dallas, 

Seventeenth — Drew, Desha. 

Eighteenth — Bradley, Union. 

Nineteenth — Calhoun, Ouachita. 

Twentieth — Hempstead, Nevada. 

Twenty-first— Columbia, Lafayette, Miller. 



CIVIL GOVERNMENT OF ARKANSAS. 69 

Twenty-second — Little River, Sevier, Howard. 
Twenty-third — Fulton, Izard ; Marion, Baxter. 
Twenty-fourth — Carroll, Madison. 
Twenty-fifth — Crawford, Franklin. 
Twenty-sixth — Searcy, Van Bur en, Conway, Cle- 
burne. 

Twenty-seventh — White, Faulkner. 
Twenty-eight — Sebastian. 

Twenty-ninth — Poinsett, Jackson, Mississippi. 
Thirtieth— Clark, Pike. 
Thirty-first — Garland, Montgomery. 
Thirty-second — Crittenden, St. Francis. 
Thirty-third— Scott, Polk. 
Thirty-fourth — Benton. 

The Legislature has power to alter the above dis- 
tricts or to form new ones. Senatorial districts con- 
sist of contiguous territory, and no county is or shall 
be divided in the formation of a district. 

OFFICERS OF THE SENATE. 

103. President Pro Tern. — The Senate is said to 
be a continuous body — that is, organized and ready 
for business at all times. This is true only in a lim- 
ited sense. Since the State has no one elected as a 
special lieutenant-governor, and since the constitu- 
tion provides that the president of the Senate shall 
become Governor of the State in case of death, resig- 
nation, or removal of the Governor, it is therefore 



70 A PRACTICAL TREATISE ON THE 

necessary that there be a president of the Senate at 
all times. To meet this constitutional requirement, 
the Senate, just before adjourning, elects a president 
pro tempore (pro tem.) ; who holds his office until the 
convening of the next session of the General Assem- 
bly. He never presides over the Senate only in so 
far as is necessary to elect a president for that par- 
ticular session of the Senate. Furthermore, it has 
been so arranged that the terms of office of all the 
senators do not expire at the same time, thus at all 
times a part of the Senate is experienced, sworn in 
and ready for duty. 

104. President. — The president of the Senate is 
chosen from the members of the Senate. He pre- 
sides over the Senate, directs the business, and pre- 
serves order. In case of death, resignation, or removal 
of the Governor, he becomes Governor of the State. 
He receives $8 per day while presiding over the 
Senate. 

105. Other Officers. — The Senate proceeds to- 
elect the following officers in the same manner as did 
the House, with the same corresponding duties as 
in Arts. 95-100: One secretary, who receives $6 per 
day; one journal clerk and two assistant secretaries, 
who receive $5 per day; one chaplain, who receives 
$5 per day; one sergeant-at-arms and one assistant, 
each of whom receive $4 per day; four pages (at 
present), each of whom receives $2.50 per day; and 
one janitor, who receives $3 per day. 



CIVIL GOVEENMENT OF AEKANSAS. 71 

ORGANIZATION OF GENERAL ASSEMBLY. 

Remark. — This article and the one following are 
placed here for reference on points of organization; 
although it should not be entirely omitted at any 
time, as many valuable points are found here not 
given elsewhere. 

406. The House. — In order that the organiza- 
tion of both the House and the Senate may be thor- 
oughly understood, we give in substance an extract 
from the journal of the House and also from the 
journal of the Senate showing the steps taken in the 
organization of one of the past General Assemblies: 

" Promptly at 12 o'clock M. on the second Mon- 
day in January, the clerk of the last session of the 
lower house of the General Assembly called the 
House to order. On motion, a temporary speaker was 
chosen and a committee appointed to conduct him to 
the chair. The clerk then read the certificate of 
election of members from the Secretary of State. 
All of the members named in the above certificate of 
election went forward, four by four, and took and* 
subscribed the oath of office, administered by the 
Chief Justice of the Supreme Court, and took their 
seats as members from their respective counties. On 
motion*the House proceeded to elect a speaker. Nomi- 
nations being in order, seven persons were named. 
The clerk called the roll and the members continued 



72 A PRACTICAL TREATISE ON THE 

to vote until one nominee had a majority of all votes 
cast, whereupon he was declared duly elected speaker 
of the House of Representatives for the present ses- 
sion. A committee was appointed to conduct him to 
the chair. The speaker-elect took the oath of office, 
administered by the Chief Justice of the Supreme 
Court, returned thanks for the honor, and entered 
upon the discharge of his duty. The speaker an- 
nounced that nominations were in order for clerk. 
Five persons were named. The roll was called and 
the vote taken and so continued until one person had 
a majority of all votes cast, whereupon he was de- 
clared clerk of the House. Going forward he took 
and subscribed the oath of office, administered by 
the Chief Justice, and entered upon the discharge of 
his duty. Nominations being in order now for the 
election of sergeant-at-arms, four persons were named. 
As above, they continued to vote until one person 
had a majority of all votes cast. He was declared 
duly elected sergeant-at-arms. He went forward, 
took and subscribed the oath of office, administered 
by the same Chief Justice, and entered upon the dis- 
charge of his duties. Nominations being in order, 
six persons were named for chaplain. They continued 
to vote until one person had a -majority of all votes 
cast. The chaplain takes no oath of office." 

In like manner as above the House continued to 
elect the assistant sergeant-at-arms ; journal clerk and 



CIVIL GOVERNMENT OF ARKANSAS. 73 

his assistant, and three assistant clerks, all of whom 
went forward as soon as possible and took and sub- 
scribed the oath of office. The janitor and the pages 
were also elected in the same manner, but did not 
take the oath of office. They are never required to 
take the oath of office unless a more important duty 
be entrusted to them as, for example, having to act 
as postmaster. 

" On motion, at 4:55 P. M., the House adjourned 
until 9:30 A. M. the following day. 

"At 9:30 the House was called to order by the 
speaker, the roll was called, three members were ex- 
cused for absence on the previous day, devotional 
exercises were conducted by the chaplain, and the 
journal was read and corrected. A committee of three 
was appointed by the speaker to notify the Senate 
of the organization of the House. Immediately a 
message was announced from the Senate. Where- 
upon the messenger appeared within the bar of the 
House and informed the body that the Senate was or- 
ganized and ready for business. A committee of three 
was appointed from the House to accompany a com- 
mittee of three from the Senate to inform the Gov- 
ernor of the organization of the two houses and that 
the General Assembly was ready to receive any com- 
munication he might see proper to make. The speaker 
announced the standing committees for the present 
session of the Legislature. (Art. 117.) The Senate 



74 A PRACTICAL TREATISE ON THE 

met the House in joint session to receive the Gover- 
nor's message. A messenger being announced and 
admitted, the Governor's private secretary appeared 
within the bar of the House and read the message. 
As is required by law, both houses met again in joint 
session for the purpose of counting the ballots for State 
officers." 

Such business as would naturally come up in the 
Legislature was in order from now until the close 
of the session. It is to be understood that many 
other things are considered during the time of 
organization; but the above are the things necessary 
to be acted upon at once, and is the plan at present 
of the general organization. 

107. The Senate. — "At 12 o'clock, on the 2d Mon- 
day of January, the Senate was called to order by the 
president of the Senate, who was (and is now) elected 
at the close of the last session. The roll of members, 
holding over and newly elected, was called by the sec- 
retary of the last Senate. The certificate of election, 
from the Secretary of State, of new members was read. 
All newly elected members went forward and took 
and subscribed the oath of office, administered by the 
Associate Justice of the Supreme Court." The Senate 
then proceeded to the election of officers. The presi- 
dent, secretary, journal clerk, two assistant secretaries, 
chaplain, sergeant-at-arms and his assistant, pages and 



CIVIL GOVERNMENT OP ARKANSAS. 75 

the janitor, were nominated, voted for, elected, and 
took the oath of office just as they did in the House. 

"A committee was appointed by the president to 
accompany a committee appointed by the speaker of 
the House to inform the Governor of the organiza- 
tion of the two houses. Another committee also was 
appointed by the president to inform the House of 
the organization of the Senate. Being notified that 
the House was ready for their reception, the Senate 
proceeded to meet the House in joint session to re- 
ceive the Governor's message. In a short time the 
Senate met the House again in joint session to count 
the votes of the State officials. In each case the presi- 
dent of the Senate called the House to order, and both 
sessions were held in the hall of the House of Repre- 
sentatives. The clerk of the Senate called the roll 
of the senators and the clerk of the House called the 
roll of the representatives. A quorum was found to 
be present. The president of the Senate announced 
the purpose of the joint session. When they met in 
joint session to receive the Governor's message, his 
private secretary appeared within the bar and read the 
message, after which the joint session was dissolved. 
When they met in joint session to count the votes, 
after the president of the Senate announced the pur- 
pose of the meeting, the speaker of the House pro- 
ceeded to open and publish the votes cast and given 
for the State officers. After the joint session was 
dissolved and the Senate reassembled, the president 



76 A PKACTICAL TEEATISE ON THE 

of the Senate announced the standing committees for 
the present session of the General Assembly. (Art. 
118.) Such business as would naturally come up was' 
the order from now until the close." 

Early in the session, each branch of the Assembly 
appoints a committee to draft rules and regulations 
by which the members are to be governed during the 
session. These committees report to their respective 
houses and such parts of the reports adopted as are 
deemed suitable for their government. 

SPECIAL REQUIREMENTS OF THE GENERAL 
ASSEMBLY. 

108. Bill of Rights. — The constitution of the State 
is based upon that of the United States, and in no 
case can there be a conflict. The State has all power 
except the few restrictions thrown around it by the 
United States Constitution. The constitution of the 
State contains a formal bill of rights. (See Art. 2, 
constitution.) 

109. Amendments. — Either house may prepare 
amendments to the constitution, and, if the same be 
agreed to by a majority of all the members elected to 
each house, shall publish the amendments in at least 
one newspaper in each county, if there be one, at least 
six months immediately preceding the next general 
election for senators and representatives, at which time 
the same shall be submitted for approval or rejection. 
If a majority of the electors favor the amendment it 



CIVIL GOVERNMENT OF ARKANSAS. 77 

becomes a part of the constitution. Not more than 
three amendments shall ever be submitted at any one 
time. 

Eight amendments have been made to the present 
constitution : 

Amendment No. 1 provides that no tax can be 
levied to pay certain bonds known as " Holford 
Bonds/' " Railroad Aid Bonds " and " Public Levee 
Bonds," which were issued in the years 1868 and 
1869. This amendment was adopted January 14, 
1885. 

Amendment No. 2 provides for the qualification 
of electors and for the exhibition of a poll tax receipt 
or other 'evidences of the payment of the poll tax 
when a voter presents himself at the polls to vote. 
This was adopted January 12, 1893. 

Amendment No. 3 gives the governor power to fill 
all vacancies in any office not otherwise provided for. 
This was adopted January 17, 1895. 

Amendment No. 4 provides for the creation of a 
Railroad Commission for the adjustment of abuses of 
rates in certain cases. This was adopted January 13, 
1899. 

Amendment No. 5 authorizes a county road tax 
for the repair of roads and bridges. This was 
adopted January 13, 1899. 

Amendment No. 6 provides that guaranty or surety 
companies may become surety on both State and 
county official bonds. This was adopted January 
17, 1901. 

Amendment No. 7 restricts the pay and mileage of 



78 A PRACTICAL TREATISE ON THE 

the members of the General Assembly. This was 
adopted January 14, 1903. 

Amendment No. 8 provides for a three mill State 
tax, and a seven mill district tax for schools. This 
was adopted March 2, 1905. 

4io. Privileges of Members. — 1. The members 
of the General Assembly are, in all cases except 
treason, felony, and breach of the peace, privileged 
from arrest during their attendance at the sessions 
of their respective houses, and in going to and return- 
ing from the same; and for any speech or debate in 
either house they shall not be questioned in any other 
place. 

2. No senator or representative shall, during the 
term for which he. shall have been elected, be ap- 
pointed or elected to any civil office under this State. 

hi. Disabilities of Members. — No person here- 
after convicted of embezzlement of public money, 
bribery, forgery, or other infamous crime, shall be 
eligible to the General Assembly or capable of hold- 
ing any office of trust or profit in this State. 

H2. Powers of the Legislature. — 1. The Legis- 
lature has power to make all laws regulating the gen- 
eral affairs of the State, to pass special acts for partic- 
ular localities not adjusted by general laws, to make 
all appropriations for the support of the State insti- 
tutions^ exhibits at fairs, and the payment of the 
officers, to create new counties, to adjust the matters of 
taxation, and to fix the salary of all county officers. 



CIVIL GOVERNMENT OP ARKANSAS. 79 

2. It also lias power to compel the attendance of a 
sufficient number of members to constitute a quorum, 
which is necessary to transact business. A smaller 
number, however, can adjourn from time to time until 
the requisite number is obtained. A quorum consists 
of a majority of all the members elected to each house. 

113. Powers Forbidden. — 1. The privilege of the 
writ of habeas corpus shall not be suspended except, 
by the General Assembly, in case of rebellion, insur- 
rection, or invasion, when the public safety demands 
it. 

Habeas corpus is from two Latin words — habeas, 
" thou mayest have," and corpus, the " body." Any 
one in prison, claiming to be innocent or unlawfully 
detained, or the friend or relative of such a person, 
may apply to the judge of a court for a writ of habeas 
corpus. This writ directs the officer in charge of such 
person to bring the body of the prisoner into court at a 
certain time, not for trial but simply to test the legality 
of the imprisonment. If the person is found innocent, 
he is released at once; but if found guilty, he is re- 
manded to prison. As a monument to the Magna 
Charta of A. D. 1215, stands the famous writ of habeas 
corpus. Under this writ, the strongest safeguard of 
our personal liberty, the poorest and humblest are 
exempt from imprisonment except upon legal grounds. 

2. No law shall be passed whereby any one can be 
imprisoned for non-payment of debts except in case of 
fraud. 



80 A PRACTICAL TREATISE ON THE 

3. ]STo bill of attainder, ex post facto law, or 
law impairing the obligation of contracts, shall ever 
be passed; and no conviction shall work corruption 
of blood or forfeiture of estate. A bill of attainder 
is an act of a legislature inflicting the penalty of 
death without a regular trial. An ex post facto law 
is one which fixes a penalty for acts done before the 
passage of the law, or which increases the penalty of a 
crime after it was committed. 

4. ~No privileges or immunities shall be granted 
to any citizen or class of citizens which, upon the same 
terms, do not belong to all. 

There are other forbidden powers, but it is not 
necessary to mention them here. 

114. Passage of Bills. — No law shall be passed 
except by bill, and no bill shall be so altered or 
amended on its passage through either house as to 
change its original purpose. 

The style of the laws of the State of Arkansas 
shall be : " Be it enacted by the General Assembly 
of the State of Arkansas." This style is essential 
to the validity of an act, 

M5. Reading of Bills. — " Every bill shall be read 
at length on three different days in each house, un- 
less the rules be suspended by two-thirds of the house, 
when the same may be read a second or third time 
on the same day; and no bill shall become a law unless 
on its final passage the vote be taken by yeas and nays, 



CIVIL GOVERNMENT OF ARKANSAS. 81 

the names of the persons voting for and against the 
same be entered on the journal, and a majority of each 
house be recorded thereon as voting in its favor." 
A bill may become a. law in three ways in this State : 

1. A bill having passed each house by a majority 
vote and signed by the Governor, becomes a law. All 
bills shall be presented to him for his approval or dis- 
approval. 

2. A bill having passed each house by a majority 
vote and vetoed by the Governor is returned to the 
house in which it originated with the Governor's ob- 
jections. If reconsidered by each house and a majority 
of all members elected to each house vote for it again, 
it becomes a law. 

3. A bill having passed each house and having 
remained with the Governor five days, Sunday ex- 
cepted, becomes a law, unless the General Assembly, 
by its adjournment, prevents its return. In this case 
it will become a law unless it be filed, with the Gov- 
ernor's objections, in the office of the Secretary of State 
and made known by public proclamation within twenty 
days. 

116. Committees. — When a bill is introduced it 
is generally referred to a committee for special or criti- 
cal consideration. The committee reports it " favor- 
able " or " unfavorable," and recommends that it 
should be passed or should not be. Bills may be re- 
6 



82 A PRACTICAL TREATISE ON THE 

ported without an expression. If a bill be filed away 
by a committee and never reported it is said to be 
" pigeon-holed." The report of committees, being fre- 
quently adopted, has quite a bearing upon legislation. 
Committees are of two kinds: Standing committees, 
appointed for the entire session, and special com- 
mittees, appointed for special purposes, and as soon 
as the report is made, discharged. 

117. Committees of the House. — Early in the 
session, the speaker appoints from the members of the 
House the following standing committees, consisting 
of from three to twelve members : Judiciary, Auditor 
and Treasurer's Books, Militia, Insurance, Education, 
Internal Improvements, "Ways and Means, Agricul- 
ture, County and County Lines, Railroads, Roads and 
Highways, Enrolled Bills, Engrossed Bills, Journal, 
Elections, Public Printing, Penitentiary, Apportion- 
ment, Claim, Memorials, Public Buildings, Public 
Expenditures, Eederal Relations, State Lands, Cir- 
cuit and Justices' Courts, County and Probate Courts, 
Cities and Towns, Immigration, State and Charitable 
Institutions, and Retrenchment. 

118. Committees of the Senate. — The president 
of the Senate appoints the following standing com- 
mittees, consisting of from three to twelve members: 
Judiciary, Eranchise, Militia, Education, Railroad and 
other Improvements, Agriculture, County and County 
Lines, Public Roads, Elections, Public Printing, Pub- 
lic Buildings, Memorials, Public Expenditures, Eed- 



CIVIL GOVERNMENT OF ARKANSAS. 83 

eral Relations, State Lands, Auditor and Treasurer's 
Books, Claims, Engrossed Bills, Corporations, Peni- 
tentiary, Public Charities, and Public Health. 

119. Amendment to a Bill. — A bill passed by one 
house may be amended by the other, but, if amended, 
must be returned with the amendment to the house in 
which it originated, in order that the amendment 
may be considered. If one house amends and the 
other refuses, the bill is lost. 

The Legislature cannot revise, amend or extend 
any law in its provisions by simply mentioning the 
title thereof. The part to be amended or revised must 
be re-enacted and published at length. 

120. New Bills. — During the last five days of 
the session of the Assembly no new bill can be intro- 
duced. 

121. Laws Take Effect as soon as approved by 
the Governor; if vetoed, as soon as passed again, un- 
less the bill designates a certain time. 

I22. n Adjournment. — Neither house shall, without 
the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the 
two houses shall be sitting. 

123. Impeachment. — The House of Representa- 
tives has the sole power of impeachment. The Senate 
sits as a jury. The Chief Justice presides unless being 
impeached, then the Senate elects a presiding officer. 
(Read Art. 15 of the constitution for officers subject 



84 A PRACTICAL TREATISE ON THE 

to impeachment and the number of senators required 
to convict.) 

124. Appropriations. — The General Assembly, 
just before adjourning, makes such appropriations as 
are necessary to defray the expenses of the State for 
two years. A separate bill setting forth the amount 
and object of each appropriation must be passed, ex- 
cept the general appropriation, which includes the ex- 
penses of the Legislative, Judicial and Executive 
Departments. For all purposes, except to defray the 
necessary expenses of the State, to repel invasion, to 
suppress insurrection, to pay the debts of the State and 
to defray the expenses of the public schools, a two- 
thirds vote is required. Of course, there are many 
other appropriations, but the following are usually 
made and most of them have to be made : Appropria- 
tions for Legislative, Judicial, and Executive Depart- 
ments, Contingent Eund for use of State Board of 
Health, County Normal Institutes, Lunatic Asylum, 
Industrial University, School for the Blind, News- 
papers and Stamps for General Assembly, Pensions 
for ex-Confederate Soldiers, Deaf Mute Institute, and 
ex-Confederates' Home. 

RETVIBW QUESTIONS. 

1. Give the three divisions of State government. 2. What 
kind of government is that of our State? 3. In what is the 
legislative power of the State vested? 4. How long has this 
idea existed, and what is the object? 5. When does the 
General Assembly meet and how long does it continue in 



CIVIL GOVERNMENT OF ARKANSAS. 85 

session? 6. Give time of next meeting. 7. Give term of 
office and qualifications of representatives. 8. How many 
representatives from your county and what are their 
names? 9. Give compensation of members. 10. Tell all you 
can about (1) the speaker, (2) the clerk of the House, (3) 
the journal clerk, (4) the chaplain, (5) the sergeant-at- 
arms, (6) pages, and (7) the janitor. 11. How many 
representatives and senators are there? 12. Give maximum 
and minimum numbers of each. 13. How is the Senate 
composed? 14. Give number of senatorial district in which 
you live and name of your senator. 15. How often are 
senators elected, and what are the qualifications? 16. Why 
is the Senate a continuous body? 17. Who takes the Gov- 
ernor's place in case of death, resignation, or removal? 
18. Mention all the officers of the Senate and give duties 
and salary of each. 19. At what time is the House and 
Senate called to order? 20. What is done first? 21. How 
are members sworn in? 22. Explain how all the officers 
are elected. 23. Are they all sworn in? 24. Explain the 
organization of the Senate. 25. What is said about the 
rules of order? 26. Mention five rights set forth in the 
Bill of Rights. 27. How may an amendment be made to 
the constitution? 28. Give two proposed amendments. 
29. How many amendments have been made to the consti- 
tution? 30. Mention one. 31. What renders a person 
ineligible to membership in the General Assembly? 
32. What constitutes a quorum? 33. Give some of the 
powers of the Legislature. 34. Give some of the forbidden 
powers. 35. What is meant by habeas corpus? 36. Of what 
value is it to the people? 37. What is a bill of attainder? 
38. An ex post facto law? 39. What is the style of the 
laws of Arkansas? 40. How often does a bill have to be 
read? 41. In how many ways may a bill become a law? 
42. Give them. 43. What is the object of the committees? 
44. Mention six standing committees of the House and six 
of the Senate. 45. If a bill be passed by one house and 
amended by the other, what is necessary? 46. When cannot 



80 A PRACTICAL TREATISE ON THE 

a bill be introduced? 47. When do all laws take effect? 
48. If either house wishes to adjourn for more than three 
days, what must be done? 49. Give officers that are sub- 
ject to impeachment and tell how it is done. 50. Mention 
some facts relative to appropriations. 



CIVIL GOVERNMENT OE ARKANSAS. 87 



CHAPTER VI. 



^phe Stale. 

(CONTINUED.) 



JUDICIAL DEPARTMENT. 

125. Terms Defined. — In order that the court sys- 
tem of our State may be clearly understood, all tho 
terms used in treating the subject will be explained 
first. 

The courts of the State may be divided into two 
general divisions: (1) Courts of Records; (2) Courts 
of No Records. A court of records is one having a 
judge, clerk, and a sheriff, and one that has an accu- 
rate and a complete statement of all of its proceedings 
placed on record by the clerk. As the word implies, 
it simply means that all of its proceedings are recorded 
for future reference. The county, probate, and cir- 
cuit court are good examples of courts of records. 
A court of no records is one having no judge, sheriff, 
or clerk, and has no record of its proceedings kept. 
The justice's court is a good example of a court of no 
records, The justice of the peace simply keeps a. 



88 A PRACTICAL TREATISE ON THE 

docket for his own purpose and makes a minute of just 
such proceedings as will enable him and others in the 
discharge of their duty. 

126. Appellate Jurisdiction is the power vested in 
a particular court enabling it to try any case after it 
has been tried in an inferior or a lower court. Thus 
the circuit court has appellate jurisdiction oyer the 
county, probate, and the justices' courts. By this 
we mean that any case tried in the foregoing courts 
and not satisfactory to all the parties concerned, by a 
due process of law may be re-tried in the circuit court. 

127. Courts. — The judiciary system of the State 
at present is vested in the following courts: Justice's 
Court, County and Probate Courts, Circuit Court, 
Chancery Court or Court of Equity, Court of Com- 
mon Pleas, Supreme Court of the State, and the 
United States District Court. 

128. Justice's Court. — Justices' Courts were 
created for the purpose of relieving the higher courts 
of a multiplicity of minor offences (see Art. 14) and 
to decrease the expenses of the Judicial Department, 
The expense of a court depends largely upon the 
length of time of its sitting, and by the aid of the 
justices' courts these terms are much shorter than 
they would be otherwise. They are also very helpful 
and necessary in that justice may be rendered at once, 
without having to wait perhaps six months for the cir- 
cuit court to convene. 



CIVIL GOVERNMENT OF ARKANSAS. 89 

129. County and Probate Courts. — The county 
and probate courts have been explained under the 
head of the Judicial Department of the county. (Arts. 
44-50.) I will state, however, in connection with 
these articles, that appeals are taken from the county 
and probate courts to the circuit court. 

CIRCUIT COURT. 

130. Judicial Circuits. — The State has been di- 
vided into seventeen divisions, called Judicial Circuits. 
These are composed of contiguous counties, and at 
present are, respectively, as follows: 

First — Woodruff, White, St. Francis, Lee, and 
Phillips. 

Second — Mississippi, Clay, Greene, Craighead, 
Poinsett, Cross, and Crittenden. 

Third — Independence, Lawrence, Stone, and Jack- 
son. 

Fourth — Benton, Carroll, Madison, and Washing- 
ton. 

Fifth — Yell, Conway, Pope, and Johnson. 

Sixth — Pulaski and Perry. 

Seventh — Hot Springs, Grant, Saline, and Garland. 

Eighth — Clark, Nevada, Hempstead, and Miller. 

Ninth — Montgomery, Polk, Sevier, Little River, 
Howard, and Pike. 

Tenth — Chicot, Ashley, Drew, Cleveland, Dallas, 
and Bradley, 



90 A PRACTICAL TREATISE ON THE 

Eleventh — Lincoln, Desha, and Jefferson. 

Twelfth — Scott and Sebastian. 

Thirteenth- — Columbia, Union, Calhoun, Ouachita, 
and Lafayette. 

Fourteenth — Newton, Boone, Searcy, Marion, Yan 
Buren, and Cleburne. 

Fifteenth — Logan, Franklin, and Crawford. 

Sixteenth — Bandolph, Sharp, Fulton, Izard, and 
Baxter. 

Seventeenth — Arkansas, Monroe, Faulkner, Lon- 
oke, and Prairie. 

131. Circuit Judge. — In each of the above cir- 
cuits a judge is elected by the qualified electors of the 
counties composing each district. He is elected for 
a term of four years, and receives a salary fixed by 
law, being now $2,000 a year. A judge of the circuit 
court shall be a citizen of the United States, at least 
twenty-eight years of age, of good moral character, 
learned in the law, two years a resident of the State, 
and shall have practiced law or sat as judge and prac- 
ticed law six years. He goes to each county in his 
district twice each year and holds his court such a 
length of time as is necessary to complete all the busi- 
ness of the court, or until it becomes necessary to 
adjourn in order to hold his court in another county. 

132. Jurisdiction. — The circuit court has origi- 
nal jurisdiction in all cases, both civil and criminal, 
the exclusive original jurisdiction of which has not 



CIVIL GOVERNMENT OF ARKANSAS. 91 

been vested in some other courts. It exercises super- 
intending control and appellate jurisdiction over the 
county, probate, common pleas, justices', and police 
courts. It has power also to issue writs of certiorari 
to any of the lower courts or tribunals — that is, a 
writ of certiorari to an inferior court simply 
means that such court must bring the records of its 
proceedings into the higher court issuing the writ| 
and to issue a writ of mandamus under certain cir- 
cumstances. This is a writ to compel the performance 
of some act. As a court of equity, it has power to 
grant divorces, change the name of an individual, 
foreclose mortgages, and naturalize aliens, or for- 
eigners. (See Art. 133.) 

It is a very important court, as it is next in power 
to the supreme court of the State, and yet it is held 
at our own homes — one or two held in each county. 

133. Naturalization. — The circuit court has power 
to naturalize foreigners. Subjects of foreign govern- 
ments are aliens and have no political rights what- 
ever in the United States until given such power 
by legal proceedings. After naturalization, one has 
all the rights and privileges of a native-born citizen, 
except the right to become President or Vice-Presi- 
dent of the United States. 

134. Naturalization Laws. — An alien may be ad- 
mitted to become a citizen of the United States in the 
following manner: He appears in the circuit court, 
or any court of records, and, on oath, declares his 



92 A PK ACTIO AL TEEATISE ON THE 

intention to become a citizen of the United States, and 
his purpose to renounce all allegiance and fidelity to 
any foreign prince, potentate, or sovereignty. He 
must state further that he has been a resident of the 
United States three years and a resident of the State 
in which the court has jurisdiction at least one year. 
After two more years he appears in court again 
and renounces, on oath, all foreign allegiance and 
swears to support the Constitution of the United 
States. If he bears any title of nobility, he must re- 
nounce it. 

135, Division of Districts. — There are two circuit 
judges in the Sixth Judicial Circuit. One hears the 
criminal, .the other the civil cases. The second divi- 
sion was created February 8, 1895. A judge was 
appointed February 12, 1895. 

136. Prosecuting Attorney. — The qualified elec- 
tors of each judicial circuit elect a prosecuting attor- 
ney for the term of two years. He shall be a citizen 
of the United States, learned in the law, and a resi- 
dent of the circuit for which he may be elected. His 
salary is $200 a year and the following fees: 

For each judgment obtained on complaint, infor- 
mation or otherwise, in the name of the State or any 
county, $5; for each conviction or indictment, pre- 
sentment or information for misdemeanor or breach 
of the peace, $10; for each conviction in case of gam- 
bling, $25; for each conviction on indictment for any 
felony, not capital, $25; for each conviction of homi- 



CIVIL GOVEKNMENT OF ARKANSAS. 93 

cide, other than capital, $35; for each conviction in 
capital cases, $75. 

137. Duties. — The prosecuting attorney is a 
lawyer chosen in the interest of the State. It is his 
duty to attend each term of the circuit court and 
commence and prosecute actions, both civil and crimi- 
nal, in which the State, or any county in his circuit, 
may be concerned. In fact, he is the prosecuting 
lawyer in all cases brought in the circuit court, in 
which either the county or the State is plaintiff or 
defendant. If it be required of him, he shall, without 
fee or reward, give his opinion to any sheriff, constable, 
justice of the peace or county court, on any question 
of law or other matters in which the State or county is 
concerned. 

138. Deputy Prosecuting Attorney. — The prose- 
cuting attorney may appoint deputies in the several 
counties composing his circuit, whose duties shall be 
to attend all trials before the magistrates of their 
county, where the offence is a misdemeanor or the 
examination of a felony, if so informed by the magis- 
trate of such case. They are allowed the same fees 
for conviction as are allowed the prosecuting attorney. 
(See Art, 136.) 

139. Officers of Circuit Court. — The Circuit 
Judge (Art. 131), Prosecuting Attorney (Art. 136), 
Circuit Clerk (Art. 52), Sheriff (Art. 57), and Attor- 
neys who are enrolled, are officers of the circuit court. 



94 A PRACTICAL TREATISE ON THE 

140. Jury. — The jury is an important factor in 
the circuit court and, in fact, in all of the courts. The 
principle has been so grounded into the American 
people that we consider it a privilege that should not 
be taken away even from the boldest criminal. It is 
of great antiquity. The Grand Jury, not in name but 
in idea, existed among the Romans, known as the 
" Praetor," and the Petit Jury, more fully developed 
among the Anglo Saxons and others, was known 
among the Romans as the " Judex " or "Arbiter." 

141. Grand Jury.— It is the duty of the grand 
jury to inquire into all public offences committed^ 
within the jurisdiction of the court in which they 
are impaneled. This is done by bringing before the 
grand jury all persons suspected of crime or any 
person as a witness whom they believe to know 
something concerning any public offence. If no less 
than twelve of these jurors be convinced that any 
person has committed an unlawful act, they must 
indict him. This is done by returning to the court 
" a true bill." The grand jury is composed of six- 
teen men, selected as explained in Art. 143. 

142. Petit Jury. — The petit jury consists of two 
panels of twelve men each, or twenty-four petit jurors 
in all, and are selected as explained in Art. 143. 
One panel of the petit jury at a time is taken into 
court and placed on oath. When a case is called, 
they hear the testimony of the witnesses, the argu- 
paent of the attorneys, receive the instructions of the 



CIVIL GOVERNMENT OF ARKANSAS. 95 

judge, pass out to the jury-room, and there decide 
as to the guilt or innocence of the party indicted 
by the grand jury. After this they return, and in the 
presence of the court the foreman of the jury states 
the verdict. 

143. Selection of Jury. — The circuit judge, dur- 
ing the term of court, selects three jury commissioners, 
each of whom receives $3 a day for their services. 
They select from the electors of the county sixteen 
persons of good character, of approved integrity, 
sound judgment and reasonable information, to serve 
at the next term of court as grand jurors. They 
select another list, kept separate from this one, con- 
sisting of nine more, known as alternate grand jurors. 
They select also twenty-four persons, having the same 
qualifications as the grand jurors, to serve at the next 
term of court as petit jurors; also, at the request of 
the judge, they select another list consisting of twelve 
persons as alternate petit jurors. These lists, endorsed, 
respectively, " List of Grand Jurors " and " List of 
Petit Jurors," are sealed and delivered to the judge 
in open court. The judge delivers these lists to the 
circuit clerk, who takes oath to the effect that he 
will not open the lists until within thirty days before 
the next term of court. The lists are then opened 
and delivered to the sheriff, who notifies each person 
that he has been chosen as a juror. 

The alternate jurors are selected for the purpose 
of supplying such deficit as there may be in either 



96 A PRACTICAL TREATISE ON THE 

jury. As soon as the juries have all been impaneled 
the alternates are discharged. 

Each juror receives $2 a day; each alternate $2 
a day until discharged. "Witnesses receive each $1.50. 

CHANCERY COURT. 

144. Object. — Since it is impossible for any State 
to have a code of laws perfect and suitable in every 
respect to cover all causes, cases, and circumstances, 
and since our judges, jurors, and justices are supposed 
to base their decisions and actions upon law and evi- 
dence, therefore it becomes necessary that some pro- 
visions be made to supply the deficiency. The Chan- 
cery Court, or Court of Equity, was created for this 
purpose. Court of Equity expresses the idea much 
better. It simply means a court based on the principle 
of equity, right, justice. Two citizens often disagree 
in a business transaction. They agree to lay the matter 
before three disinterested men and abide by their 
decision. These men try to decide as nearly as possi- 
ble according to what is just and right under the cir- 
cumstances. This is the fundamental principle of the 
chancery court, or court of equity. This court has 
power, also, to grant a divorce, to foreclose a mortgage, 
to make an assignment, etc. 

145. Chancery Districts. — There are eleven chan- 
cery districts in the State, composed, respectively, of 
the following counties : 



CIVIL GOVERNMENT OF ARKANSAS. 97 

First — Pulaski, White, and Lonoke. 

Second — Ashley, Chicot, Drew, and Bradley. 

Third — Montgomery, Garland, Hot Spring, Saline, and 
Grant. 

Fourth — Jefferson, Arkansas, Lincoln, Monroe, Prairie, 
and Cleveland. 

Fifth — Lee, Clay, Greene, Phillips, Crittenden, Mississippi, 
Woodruff, Cross, Craighead, Poinset, and St. Francis. 

Sixth — Howard, Pike, Sevier, Little River, Miller, Hemp- 
stead, Clark, Nevada, and Polk. 

Seventh — 'Lafayette, Columbia, Union, Ouachita, and Dal- 
las. 

Eight — Stone, Baxter, Izard, Fulton, Sharp, Independ- 
ence, Lawrence, Randolph, Jackson, and Cleburne. 

Ninth — Johnson, Pope, Yell, Conway, Faulkner, and 
Perry. 

Tenth— Sebastian, Scott, Logan, Crawford, and Franklin. 

Eleventh — Washington, Benton, Madison, Carroll, New- 
ton, Boone, Searcy, Marion, and Van Buren. 

146. The Chancellor. — For each of the above 
chancery districts one chancellor is elected by the 
qualified electors, who holds his office for a period of 
six years. His salary is $2,000 per year. 

147. Duties. — The chancellors have power to ad- 
minister oaths in all cases, to take and certify 
acknowledgments of deeds and other instruments in 
writing required by law to be acknowledged, and to 
solemnize marriages. They are also conservators of 
the peace. 

COURT OF COMMON PLEAS. 

148. Object. — The Legislature has power to estab- 
lish in any county a Court of Common Pleas. The 
jurisdiction of this court is more extensive than the 



98 A PRACTICAL TREATISE ON THE 

justice's court and not so extensive as the county or 
circuit court. It occupies an intermediate place, the 
object being to decrease the amount of business before 
and shorten the term of the circuit court. The 
county judge presides over the court; but receives 
extra pay for his services. 

SUPREME COURT. 

149. Judges. — The Supreme Court is composed 
of five judges, one chief justice and four associate jus- 
tices. They shall be thirty years of age, of good moral 
character, citizens of the United States, residents 
of the State two years, and shall have practiced law 
for eight years. They each receive $3,000 a year. 
They are elected by the people and serve for the term 
of eight years. 

150. Other Officers. — The supreme court appoints 
a clerk, who holds his office for a term of six years. 
Before entering upon the discharge of his duty, he 
enters into bond in a sum not less than $3,000 for the 
faithful performance of duty. The General Assembly 
of 1895 fixed the salary of the clerk of the supreme 
court at $2,500. It is the duty of the clerk to record 
the proceedings of the court together with its opinions, 
to issue and attest all processes, and to affix the seal of 
the court. He may appoint two deputies, whose 
salaries were fixed also by the Assembly of 1895. 
One receives $1,500 a year and the other $1,000. 

The reporter is appointed also by the Supreme Court 



CIVIL GOVERNMENT OF ARKANSAS. 99 

and holds his office for the term of six years. He 
receives $2,000 a year. He prepares a statement of the 
facts in the causes, after the opinions are delivered, 
and prints the same with the reports of the causes 
decided by the court. He superintends the printing 
and binding of all of these reports. 

In addition to the above officers, the court appoints 
a librarian, who has charge of the court library. It is 
his duty to increase this library by purchasing such 
books as the court may direct, to preserve the books, 
and keep the library in order. 

The sheriff of Pulaski county waits upon the Su- 
preme Court. 

151. Jurisdiction. — " The supreme court, except 
in cases otherwise provided by the constitution, shall 
have appellate jurisdiction only; which shall be co- 
extensive with the State, under such restrictions as 
may be from time to time prescribed by law. It 
shall have a general superintending control over all 
inferior courts of law and equity; and, in aid of its 
appellate and supervisory jurisdiction, it shall have 
power to issue writs of error, and supersedeas, cer- 
tiorari, habeas corpus, prohibition, mandamus, and 
quo warranto, and other remedial writs; and to 
hear and determine the same. Its judges shall be con- 
servators of the peace throughout the State, and shall 
severally have power to issue any of the aforesaid 
writs." 

The decisions of the Supreme Court are final. 



100 A PRACTICAL TREATISE ON THE 

152. Definitions.— For habeas corpus see Art. 
113; for mandamus and certiorari see Art. 132. A 
writ of supersedeas lias in general the effect of a com- 
mand to stay or forbear any ordinary proceedings 
which might otherwise be proceeded with. Good 
cause must be shown, of course, before this writ is 
issued. A writ of quo warranto is one for informa- 
tion, inquiring by what guarantee, warrant, or au- 
thority a person, a corporation, or a court exercises 
certain powers. 

REVIEW QUESTIONS. 

1. Explain Courts of Records and Courts of No Records. 
2. What does appellate jurisdiction mean? 3. Give each 
court of our judicial system. 4. From what courts may 
appeals he taken to the circuit court? 5. In what judicial 
circuit is your county? 6. Give qualifications and election 
of circuit judge. 7. What is the jurisdiction of the circuit 
court? 8. What is meant by naturalization, and how is it 
done? 9. May there he two judges in one district? 10. Give 
qualifications of prosecuting attorney. 11. What are his 
duties? 12. Give duty of deputies. 13. Explain the dif- 
ference between the grand jury and the petit jury. 14. How 
is the jury selected? 15. What is the object of alternate 
jurors? 16. Explain the chancery court. 17. Is your county 
in a special chancery district? 18. How many chancery 
districts in the State? 19. What is a chancellor? 20. Is 
there a chancery court in your county? 21. Give the names 
of the officers of your circuit court. 22. Explain a court of 
common pleas. 23. Is there one in your county? 24. How is 
the supreme court composed? 25. Give the offices of the 
supreme court and tell how they are filled. 26. How are the 
judges chosen and how long do they hold office? 27. Who 



CIVIL GOVERNMENT OF ARKANSAS. 101 

are our supreme court judges and when do their terms ex- 
pire? 28. What is the jurisdiction of the supreme court? 29. 
What is meant by a final decison? 30. Explain habeas cor- 
pus, mandamus, certiorari, supersedeas, and quo warranto. 
31. What compensation do jurors receive? 32. Why are 
they selected from all parts of the country? 33. What is a 
civil and what a criminal suit? 34. Give an example of a 
case that should be brought in each of the following courts: 
Justice's, common pleas, probate, county, chancery, circuit, 
and supreme. 35. Do you think it would be better to 
have judges elected for eight years as they are, or for life 
as the supreme judges of the United States? 36. Why are 
the three departments of government kept separate? 
37. When do they most nearly approach? (The Governor 
has veto power and is an executive officer.) 38. Why have 
we the Fifth chancery district and no Fourth? 



102 A PRACTICAL TREATISE ON THE 



CHAPTER VII. 



^he Stale, 

(CONTINUED.) 



EXECUTIVE DEPARTMENT. 

153. General Provisions. — The Executive ■ De- 
partment of the State consists of a Governor, Secre- 
tary of State, Treasurer, Auditor, and Attorney-Gen- 
eral. The constitution gives the General Assembly 
power to add to the above executive State officers a 
Commissioner of Lands, a Commissioner of Mines, 
Manufactures and Agriculture, a Superintendent of 
Public Instruction, and a State Geologist. The As- 
sembly has made provisions for all. 

All of the above officers are required by law to 
keep their offices in person at the seat of government. 

154. Election. — The State executive officers are 
elected by the qualified electors of the State for the 
term of two years, at the time and places of voting 
for members of the General Assembly, which is now 
on the first Monday in September of each even year, 
as 1896 and 1898. The returns of each election axe 



CIVIL GOVERIOIENT OF ARKANSAS. 103 

sealed up separately and transmitted to the seat of 
government by the returning officer, and directed to 
the speaker of the House of Kepresentatives, who, 
during the first week of the session, opens and pub- 
lishes the votes cast for each of the respective officers 
of the State, in the presence of both houses. The per- 
son having the highest number of votes for each of the 
respective offices is declared duly elected. But if two 
or more be equal and highest in votes for the same 
office, one of them shall be chosen by the joint vote of 
both houses. A majority of all the members elected is 
necessary to a choice. 

GOVERNOR. 

155. Qualifications. — The supreme executive 
power of the State is vested in a chief magistrate, 
styled the Governor of Arkansas. jSTo person is eligi- 
ble to the office of Governor except a citizen of the 
United States, who is not less than thirty years of age, 
and has been seven years a resident of the State. 
(For election and term of office, see preceding article.) 

156. Powers and Duties. — 1. The Governor is 
commander-in-chief of the military and naval forces of 
the State, except when in the actual service of the 
United States. 

2. He gives to the General Assembly, from time 
to time, information by message concerning the con- 
dition and government of the State, and recommends 
such measures as he deems expedient. 



104 A PRACTICAL TREATISE ON THE 

3. He keeps and uses officially a seal of the State, 
called the " Great Seal of the State of Arkansas." 

4. He signs all grants and commissions issued in the 
name and by the authority of the State of Arkansas, 
sealed with the great seal and attested by the Secre- 
tary of State. 

5. In addition to his appointive power (see Art. 
38) he has power to appoint the members of the 
board of equalization in each county, of health, of 
pharmacy, of dental examiners, and of medical ex- 
aminers; by and with the consent of the Senate, he 
has power to appoint the members of the Board of 
the Arkansas Industrial University and of all the 
charitable institutions and the directors of the ex- 
Confederates' Home. He has power to appoint a 
United States senator, if a vacancy should occur when 
the Legislature is not in session, who holds the office 
until the next Assembly convenes and fills such va- 
cancy by election. 

6. The Governor may adjourn the Assembly if the 
two houses fail to agree upon a time for their adjourn- 
ment. 

1. He calls extra sessions of the General Assembly. 
When doing so, he states the object of the extra ses- 
sion. By a two-thirds vote the session may be con- 
tinued fifteen days, for the consideration of other busi- 
ness, after the matters set forth in the Governor's 
proclamation have been disposed of. 

8, In all criminal and penal cases, except in those 



CIVIL GOVERNMENT OF ARKANSAS. 105 

of treason and impeachment, the Governor has power 
to grant reprieves, commutations of sentence and par- 
dons, after conviction. In case of treason he has 
power to grant pardons by and with the advice and 
consent of the Senate. 

9. He requires a written report from each of the 
State officers concerning his individual branch of 
work. 

157. Salaries of Officers. — The following salary 
is paid annually to each of the State officers: 

Governor $3,000 

Governor's Private Secretary 1,600 

Governor's Clerk 900 

Governor's Janitor 240 

Secretary of State 2,250 

Secretary of State's first Clerk 1,500 

Secretary of State's second Clerk 1,200 

Secretary of State's Library Clerk 1,200 

Secretary of State's Janitor 240 

Auditor 2,250 

Auditor's Chief Clerk 1,800 

Auditor's second Clerk. . 1,500 

Auditor's two extra Clerks, each 1,200 

Auditor's Printing Clerk 1,200 

Auditor's Janitor 240 

Treasurer 2,250 

Treasurer's Cashier 1,800 

Treasurer's Bookkeeper ..,,,,.,,,. 1 ? 50Q 



106 A PRACTICAL TREATISE ON THE 

Treasurer's two Clerks, each. 1,200 

Treasurer's Janitor 240 

Attorney-General (Act of 1899) 2,500 

Attorney-General's Clerk hire allowance. . . . 1,600 

Commissioner of State Lands 1,800 

Commissioner of State Lands' Chief Clerk. . . 1,560 
Commissioner of State Lands' three Clerks, 

each 1,200 

Commissioner of State Lands' extra Clerk. . . 1,000 
Commissioner of Mines, Manufactures and 

Agriculture 1,800 

He has one deputy 1,200 

Superintendent of Public Instruction 1,800 

Superintendent of Public Instruction's Deputy 1,200 

Superintendent of Public Instruction's Clerk 600 

Superintendent of Public Instruction's Janitor 240 

158. Governors of Arkansas. — The governors 
of Arkansas, from its earliest history to the present, 
are as follows: 

1. Under French Rule — Marquis de Sanville from 
1689-1700; Bienville, 1701-12; Lamothe Cadillar, 
1713-15; De L'Epinay, 1716-17; Bienville, 1718-23; 
Boisbriant (ad interim), 1724; Perier, 1725-31; Bien- 
ville, 1732-41; Marquis de Vaudreuil, 1742-52; Baron 
de Kelerec, 1753-62; D'Abbadie, 1763-66. 

2. Under Spanish Rule — Antonio de Ulloa, 1767- 
68; Alexander O'Reilly, 1768-69; Luis de Unzaga, 



CIVIL GOVEKNMENT OF ARKANSAS. 107 

1770-76; Bernando de Galvez, 1777-84; Estevan 
Miro, 1785-87; Francisco Luis Hortu, Baron of 
Carondelet, 1789-92; Gayoso de Lemos, 1793-98; 
Sebastian de Casa Calvo y O'Farrell, 1798-99; Juan 
Manual de Salcedo, 1800-03. 

3. Under Territorial Government — James Miller 
from 1819-25; George Izard, 1825-29; John Pope, 
1829-35; William S. Fulton, 1835-36. 

4. Under State Government — James S. Conway 
from 1836-40; Archibald Yell, 1840-44; Thomas S. 
Drew, 1844-49; John Selden Eoane, 1849-52; Elias 
K Conway, 1852-60; Henry M. Hector, 1860-62; 
Thomas Fletcher (acting), 1862; Harris Flanagin, 
1862-64; Isaac Murphy, 1864-68; Powell Clayton, 
1868-71; Ozro A. Headley (acting), 1871-73; Elisha 
Baxter, 1873-74; Augustus H. Garland, 1874-77; 
Win. E. Miller, 1877-81; Thomas J. Churchill, 
1881-82; James H. Berry, 1883-85; Simon P. Hughes, 
1885-89; James P. Eagle, 1889-93; W. M. Fishback, 
1893-95; J. P. Clarke, 1895-97; Dan W. Jones, 1897- 
99 ; Jeff. Davis, 1899-1906 ; T. J. Little, 1906—. 

159. Executive Mansion.— The State furnishes 
the Governor a mansion in which to live during his 
term of office. ~No mansion has been built yet, but 
the State rents one and furnishes it to him. The rent 
i*s paid out of the fund for current expenses of the 
State. 



108 A PRACTICAL TREATISE OK THE 

SECRETARY OF STATE. 

160. Requisites. — For election and term of office 
see Art. 154, and for salary see Art. 157. Before 
entering upon the discharge of his duties he enters 
into bond for $5,000, which must be approved by the 
Governor. 

161. Duties. — He keeps all public records, books, 
papers, and documents ; furnishes to the public printer 
a full, thorough and complete index, with sub-heads, 
to the acts of the General Assembly; keeps a record 
of all the official acts of the Governor; attests all com- 
missions issued by the Governor requiring the great 
seal; distributes the acts and journals among the differ- 
ent counties according to law; sells or disposes of all 
books or reports published by the State; and issues 
all charters granted by the State. He is custodian 
of the State-house and grounds, and is librarian for 
the State library. 

AUDITOR. 

162. Requisites. — For election and term of office, 
see Art. 154, and for salary, see Art. 157. Before 
entering upon the discharge of his duties he enters into 
bond for the faithful discharge of his duties in the 
sum of $100,000, which must be approved by the 
Governor. 

163. Duties. — He is required by law (1) to keep 
a letter-book in which he must keep a copy of all 



CIVIL GOVERNMENT OF ARKANSAS. 109 

official letters written by him; (2) to be the general 
accountant of the State, and to keep all public ac- 
counts, books, documents, and all papers relative to 
the contracts of the State, its debts and revenues, not 
required by law to be kept by some other officer; (3) 
to report to the Governor, on or before the 10th day of 
October next preceding the regular meeting of the 
General Assembly, the condition of the revenue and 
the amount of the expenditure for the two preceding 
fiscal years; (4) to make an estimate of the revenues 
and the amount of expenditures for the two succeed- 
ing years; (5) to make or suggest any plans that might 
be expedient for the support of. the public credit, or 
for lessening the public expenses; (6) to settle all 
claims against the State payable out of the treasury; 
(7) to keep an account between the State and the 
United States, and between the State and every officer 
or person with whom the State may have dealings; 
and (8) to draw warrants on the treasurer for all law- 
ful claims against the State. The auditor directs the 
payment of all the funds of the State; the treasurer 
handles the money and pays as the auditor directs. 

TREASURER. 

164. Requisites. — For election and term of office, 
see Art. 154, and for salary, see Art. 157. Before 
entering upon the duties of his office he enters into 
bond in the sum of $600,000. This bond must be ap- 
proved by the Governor. 



110 A PR ACTIO AL TREATISE ON THE 

165. Duties.- — As the name implies, he is cus- 
todian of the money belonging to the State. E"o 
money is paid out by him except upon the auditor's 
warrant. He makes a biennial report, in which he 
must account for all money received and how dis- 
posed of. 

It is unlawful for the treasurer to deposit any of 
the public money in any bank or banking-house, or 
with any firm or corporation. He must keep it in 
the vault and safe of the State provided for that pur- 
pose. It is a violation of law for any officer having 
charge of public money to use it for himself or to 
let others use it. It is not only a violation for the 
officer to loan the money, but it is a violation for any 
one to borrow it. 

ATTORN EY-GENEKAL 

166. Duties. — The Attorney-General shall, with- 
out fee or reward, upon request, give his opinion to 
the Governor and to the heads of the several execu- 
tive departments upon any constitutional or other legal 
questions that concern their official actions; also, shall 
transmit his written opinion to the prosecuting attor- 
ney of any circuit if such prosecuting attorney 
so asks it. He is the legal adviser of the State 
officers. He attends the sittings of the supreme court 
and maintains and defends the interests of the State 
in all matters before that tribunal, and has full power 
to issue writs of quo warranto. (For election and term 
of office, see Art. 154, and for salary, see Art. 157.) 



CIVIL GOVERNMENT OF ARKANSAS. Ill 

COMMISSIONER OF STATE LANDS. 

167. Requisites. — Before entering upon his official 
duties he enters into bond in the sum of $20,000. 
This bond must be approved by the Governor. (For 
election and term of office, see Art. 154, and for 
salary, see Art. 157.) 

168. Duties. — As the name implies, he has charge 
of the sale and disposal of all State lands. All land 
interests of the State are controlled by him. He may 
sell the land or permit it to be taken up under the 
homestead law. It is his duty to encourage immi- 
gration in any way he may deem expedient. In 1868, 
when the office was first created, it was known as 
" Commissioner of Immigration and State Lands," 
but in 1874 it was succeeded by " Commissioner of 
State Lands." To encourage immigration is a duty, 
however, still belonging to the office. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

169. General Duties.— The office of Superinten- 
dent of Public Instruction was created in 1868. He is 
charged with the general superintendence of the busi- 
ness relating to the free common schools of the State. 
His duties are of vital importance to the people and 
the welfare of the State. It is his duty to study 
the school system and suggest such plans, both to the 
Legislature and to the county examiners, as in his 
opinion would be helpful to the educational work of 



112 A PRACTICAL TREATISE ON THE 

the State. He furnishes to the county examiners 
questions for the examination of teachers, and trans- 
mits to them registers, blank certificates for each grade 
of certificate, and all other blanks necessary to aid 
the examiner and directors in making their reports; 
he exercises such supervision over the school funds 
as to ascertain the amount and disposal made of it, 
its security, preservation, proper application, and its 
most productive use. He has power to issue a State 
certificate, good for life unless for some cause revoked. 
The applicant must pass a satisfactory examination 
upon the following branches in addition to those re- 
quired for a first-grade certificate (Art. 78) : Algebra, 
Geometry, Physics, Ehetoric, Psychology, History 
(usually Ancient, Madiaeval, and Modern), Civil Gov- 
ernment of the United States and of Arkansas, Latin 
(usually Latin Grammar, Caesar, Cicero, and Virgil), 
Natural History (usually Zoology and Botany). He 
may attend in person and give the examination or 
appoint some one to do it. He makes the pro rata 
apportionment of the public-school money to the sev- 
eial counties (see Art, 19); makes an annual report 
to the Governor containing all the facts concerning 
the public schools of the State ; compiles and furnishes 
copies of the school law to the school officers, and 
appoints persons to conduct the State normals held 
in the various counties of the State. (For election and 
term of office, see Art. 154, and for salary, see Art, 
157.) 



CIVIL GOVERNMENT OP ARKANSAS. 113 

170. State Superintendents. — Those that have 
held the office of State Superintendent are : Thomas 
Smith, from 1868-73 ; J. O. Corbin, 1873-75 ; George 
W. Hill, 1875-78 ; J. E. Denton, 1878-82 ; Dunbar 
H. Pope, Oct. 11-30, 1882; W. E, Thompson, 1882- 
90; J. H. Shinn, 1890-94; Junius Jordan, 1894-98; 
J. J. Doyne, 1898-1902; J. H. Hinemon, 1902-06; 
J. J. Doyne, 1906—. 

COMMISSIONER OF MINES, MANUFACTURES, 
AND AGRICULTURE. 

171. Requisites. — For election and term of office, 
see Art. 154, and for salary, see Art. 157. Before 
entering upon the duties of his office he enters into 
bond in the sum of $10,000, which must be approved 
by the Governor. 

172. General Duties. — It is his duty to elicit in- 
formation upon the latest and best mode of culture 
of all products adapted to the soil and climate of the 
State; to collect information on all subjects connected 
with field agriculture, horticulture, stock-raising, and 
dairying; to collect and distribute rare kinds of seeds 
throughout the State, and to recommend the use of 
such labor-saving implements as in his opinion would 
be helpful to the people. He is required, also, to 
elicit information concerning all individuals, com- 
panies, or incorporations engaged in mining or manu- 
facturing in the State. He ascertains as nearly as 
possible the kind of mineral and the extent of deposit, 
output, cost of production, and the facilities for trans- 

8 



114 A PRACTICAL TREATISE ON THE 

portation. He is expected to do all lie can to augment 
the mining, manufacturing, and agricultural interests 
of the State. 

GEOLOGIST. 

173. Vacant. — The General Assembly made pro- 
vision for a State geologist, but at present there is 
none. The law provides that he shall be appointed by 
the Governor. When it becomes necessary to have 
any work of a geological nature done the Governor 
appoints some one, paying him such compensation as 
may be agreed upon. After such duties have been 
performed he is then discharged. 

STATE EXECUTIVE BOARDS. 

174. Members. — The executive officers are mem- 
bers of various executive boards. The officers' powers 
and duties are as follows : 

1. The Board of Commissioners of the Common- 
School Fund consists of the Secretary of State, Audi- 
tor, and Superintendent of Public Instruction. It is 
the duty of this board to meet semi-annually at the 
office of the State Superintendent, to have the man- 
agement and investment of the common-school fund 
belonging to the State, and from time to time to in- 
vest, with good security, such funds as may accumu- 
late, in bonds of the United States or the State of Ar- 
kansas. 



CIVIL GOVERNMENT OF ARKANSAS. 115 

2. The Board of Municipal Corporations consists 
of the Auditor, Secretary of State, and Attorney- 
General. It is the duty of this board to ascertain the 
class of cities and what towns are entitled to become 
cities and the class. This is ascertained from the 
Federal census. 

3. The Board of Review of Donation Contests con- 
sists of the Secretary of State, Attorney-General, and 
State Land Commissioner. It is the duty of this 
board to see that the donee of any lands establishes 
a residence upon the same within the time required 
by law, and to settle the contest between persons 
claiming the same piece of land by donation. 

4. The Board of Railroad Commissioners consists 
of the Governor, Secretary of State, and Auditor. On 
the first Monday in August in each year this board" 
proceeds to ascertain the value of all property, in- 
cluding railroad tracks, rolling stock, water and wood 
stations, passenger and freight depots, offices, furni- 
ture, etc., of all the railroads within the State. 

5. Board of Penitentiary Commissioners consists 
of the Governor, Secretary of State, and Attorney- 
General. This board has the management of the State 
penitentiary, labor of convicts, machinery, buildings, 
and all other property in connection with it. 

6. Board of Commissioners of Public Contracts 
consists of the Governor, Auditor, and Secretary of 
State. This board has the supervision and letting of 
all public contracts. 



116 A PRACTICAL TREATISE ON THE 

7. State Board of Election Commissioners con- 
sists of the Governor, Secretary of State, and Atttor- 
ney-General. The duty of this board is to appoint, 
not more than ninety days nor less than thirty before 
the general election for State and county officers, 
three qualified electors as commissioners in each 
county to select election judges for each voting pre- 
cinct. 

8. Board of Pensions consists of the Auditor, 
Attorney-General, and Secretary of State. The board 
examines all cases of indigent persons who apply to 
the State for aid. This is a pension paid by the State 
to the ex-Confederate soldiers and members of their 
families. The appropriation is made by the General 
Assembly. 

9. Board for Examining and Canceling Scrip, 
known as the " Burning Board," consists of the Gov- 
ernor, Secretary of State, and Auditor. The board 
examines canceled scrip, treasurer's certificates, war- 
rants, and other securities that may be received and 
are of no further value, and burns or destroys the 
same. 

10. The State Debt Board consists of the Gov- 
ernor, Secretary of State, Auditor, and Treasurer. 
The board superintends the sale of State bonds. 

11. State Board for Building Eailroads consists 
of the Governor, Auditor, and Attorney-General. The 
Assembly of 1897 created this board and gave it 



CIVIL GOVERNMENT OF ARKANSAS. 117 

power to locate, survey, establish, build, equip, and 
operate State railroads and telegraph lines. 

12. Officers of other Boards: The Governor is presi- 
dent of the Board of Trustees of the Arkansas Indus- 
trial University. The Auditor is Insurance Commis- 
sioner. The State Land Commissioner is State Tim- 
ber Inspector. 

RBVIBW QUESTIONS. 

1. Give the State officers. 2. Explain how they are elected 
and give term of office of each. 3. If there should be a 
tie, how is a choice made? 4. Give qualifications of Gover- 
nor. 5. Give all of his powers and duties. 6. Give compen- 
sation of the Governor and all of his assistants. 7. Mention 
one Governor under French rule. 8. One under Spanish 
rule. 9. One under territorial government. 10. Two under 
State government. 11. Who was the first Governor of 
Arkansas? 12. Who is now? 13. W T hat is the salary of 
the Secretary of State? 14. What of his assistants? 15. What 
is the amount of his bond? 16. Give his duties. 17. What 
is the salary of the auditor and what of his assistant? 
18. How much is the auditor's bond? 19. What is the dif- 
ference between the auditor and treasurer? 20. Give 
salaries of treasurer and <his assistants. 21. What is his 
bond? 22. What are his duties? 23. Give duties of attor- 
ney-general. 24. What is his salary? 25. Give bond and 
salary of commissioner of State lands. 26. What are his 
duties? 27. By what name was it first known? 28. Give 
duties of superintendent of public instruction. 29. What 
are the requisites for a State certificate? 30. What branches 
of study are required? 31. Who is our present superin- 
tendent? 32. Give two others. 33. What is his compensa- 
tion? 34. Give bond, salary, and general duties of com- 
missioner of mines, manufactures, and agriculture. 35. Is 



118 A PEACTICAL TKEATISE ON THE 

there a geologist? 36. Give each of the State boards. 

37. Give the State officers that compose each of the boards. 

38. What is the duty of each? 39. When and where does 
the board of commissioners of the common-school fund 
meet? 40. When and where does the board of railroad 
commissioners meet? 41. In case of death, resignation, or 
removal of both the Governor and president of the Senate, 
who would become Governor? Ans. Speaker of the House. 



CIVIL GOVERNMENT OF ARKANSAS. 119 



CHAPTER VIII. 



Gitie§ and ^oumg. 



MUNICIPAL CORPORATIONS. 

175. Classification. — In respect to the exercise of 
certain corporate powers and to the number, character, 
powers, and duties of certain officers, municipal cor- 
porations are divided into three classes: Cities of the 
first class, cities of the second class, and incorporated 
towns. A city of the first class has over 5,000 in- 
habitants; a city of the second class has over 2,500 
inhabitants, and less than 5,000; all others are incor- 
porated towns and are governed accordingly. 

176. Election. — The annual election of all incor- 
porated cities or towns is held on the first Tuesday in 
April. Any person who, at the time of the election 
of municipal officers, is a qualified voter, under the 
laws of the State, for State and county officers, and 
has resided within the corporation for six months next 
preceding the election and thirty days in the ward 
where he offers to vote, is a qualified elector. All 



120 A PRACTICAL TREATISE ON THE 

elections are held and conducted in the manner pre- 
scribed by law for holding State and county elections, 
so far as the same is applicable. 

All cities of the first and the second class are divided 
into divisions called wards, which, in municipal elec- 
tions, bear the same relation to the city as the town- 
ship bears to the county. In each of these a place is 
appointed for holding elections. The returns of all 
municipal corporations must be made to the election 
'commissioners of the county in which the corporation 
is situated, must be opened by them and counted 
within three days, and the result forwarded to the 
mayor.' All officers must take the oath given in Art. 
42. 

CITIES OF THE FIRST CLASS. 

177. Officers. — The qualified electors of cities of 
the first class, on the first Tuesday in April, elect one 
mayor, one treasurer, one police judge, one clerk, one 
attorney, and two aldermen for each ward. They 
hold their offices for the term of two years. The 
aldermen must be residents of their respective wards. 
One from each ward is elected every year, thus mak- 
ing the term of office two years. 

178. Legislative Department. — The legislative 
power is vested in a city council, composed of alder- 
men. The mayor is ex officio president of the city 
council. If subordinate officers are needed the council 
has power to appoint them. The aldermen meet on 



CIVIL GOVERNMENT OF ARKANSAS. 121 

the next Monday after their election and organize the 
city council. A majority of all the aldermen elected 
constitutes a quorum. 

179. Powers and Duties. — The city council has 
power to pass all laws for the government of the city. 
No laws, however, must conflict with the laws of the 
State or the United States. The city council has power 
to establish and regulate a board of health, a city 
watch or police, and fire companies with proper equip- 
ments; to superintend the market places, to care for 
and control public highways, bridges and public 
squares.; to prescribe by ordinance in cities of the first 
class the width of tires of vehicles used in transpor- 
tation, and to control all other things for the proper 
administration of city government. It has power to 
regulate and fix the salaries of city officers, to levy 
such taxes as may be necessary to defray the expenses 
of the city, although the tax for any one year cannot 
exceed five mills on the dollar of the assessed value of 
the property; and to appropriate any property to the 
use of the city if, before doing so, just compensation 
be tendered to the owner. 

JUDICIAL DEPARTMENT. 

180. Police Court. — Every police court shall 
have a seal and shall be deemed a court of records. 
The council provides a seal with the name of the State 
in the center and the words " Police Court " around 
the margin. The police judge presides over the court 



122 A PRACTICAL TREATISE ON THE 

and performs all duties of judge of the same. He 
has jurisdiction over all cases of misdemeanor arising 
under the ordinances passed by the city council. The 
chief of police is at the head of this department. He 
appoints policemen, organizes and superintends what 
is known as the police force. 

EXECUTIVE DEPARTMENT. 

181. Mayor. — The mayor is the chief executive 
officer of the city. " In case of his death, disability, 
resignation, or otherwise, the city council, by a ma- 
jority vote of all the members, appoints some other 
person to act until the expiration of said term or dis- 
ability, if the unexpired term of his office is less than 
six months; otherwise, an election shall be ordered in 
accordance with 'the laws of the State. A removal 
from the city shall be deemed a vacation of his office." 
(5596 Kirby.) 

182. Duties. — He supervises the conduct of all 
the city officers, preserves order, reports to the council 
the municipal affairs of the city, chooses and appoints 
the chief of the police department and the chief of 
the fire department. He has power to veto any ordi- 
nance adopted by the council, and before it can be- 
come a law must be re-passed by a two-thirds vote of 
all the aldermen. He shall spend all his time in look- 
ing after the interests of the city. His salary shall not 
exceed $2,500 a year. 



CIVIL GOVERNMENT OF ARKANSAS. 123 

183. Other Officers. — The fire department, the 
board of health, the attorney, city physician, the clerk, 
treasurer, and collector are officers of the executive 
department of the city. Their duties are the same 
as those of the county having the same name. The 
board of health and the physician look after the sani- 
tary condition of the city. 

In cities of the first class there is a board of public 
affairs, composed of the mayor, as chairman, and two 
citizens selected by the city council. The board has 
power to purchase all supplies, apparatus, material 
and other things requisite for public purposes in the 
city, and to make all necessary contracts for work or 
labor to be done. In cases where the amount to be 
expended exceeds $50, the council must be notified, 
and, if it so directs, the board must let the contract to 
the lowest bidder. 

CITIES OF THE SECOND CLASS. 

184. Officers.— The qualified electors of cities of 
the second class, on the first Tuesday in April, elect 
one mayor, one marshal, one recorder, one city treas- 
urer, and two aldermen from each ward. The mayor 
and the aldermen constitute the council. The mayor 
has, within the limits of the city, all the jurisdiction 
and power of a justice of the peace in all matters, civil 
or criminal, arising under the laws of the State. He 
has exclusive original jurisdiction of all prosecutions 
for violations of any ordinance of the city. The city 



124 A PEACTICAL TREATISE ON THE 

council fixes the mayor's bond. The officers are 
elected for the term of two years. The other officers 
have duties corresponding, as their names imply, to 
those of the county. The council of the city of the 
second class has the same corresponding duties as those 
of the city of the first class. (See Art. 179.) 

INCORPORATED TOWNS. 

185. Organization. — When the inhabitants of a 
part of any county, not embraced within the limits of 
any city or incorporated town, desire to be organized 
into a city or town, they may apply by petition, in 
writing, signed by the inhabitants so applying, to be 
in number not less than twenty qualified voters, to 
the county court of the proper county, which petition 
shall describe the territory proposed to be embraced 
in such incorporated town, shall have annexed thereto 
aii accurate map of the same, and shall state the name 
proposed for such incorporated town. The petition is 
filed with the county clerk subject to the inspection 
of any person interested. Public notice must be given 
at least three weeks before the time for such hearing. 
After hearing such petition, if the judge is satisfied 
that the limits are accurately described, that the 
twenty voters have signed the petition, and that the 
map is correct, he shall grant the petition. He signs 
the order, and delivers it, with the petition and maps, 
to the recorder of the county, who records the same 
and makes out two transcripts of the records, forwards 



CIVIL GOVERNMENT OF ARKANSAS. 125 

one to the Secretary of State and the other to the 
agents of the petitioners. As soon as these transcripts 
have been delivered the inhabitants within the limits 
described in the petition shall be deemed an incor- 
porated town. One month shall elapse from the time 
the transcripts are delivered before notice of an elec- 
tion of officers shall be given. 

186 • Officers, — The qualified electors elect, for 
the term of one year, one mayor, one recorder, and 
fonr aldermen. These officers constitute the council. 
The mayor is a conservator of the peace, and has 
within the incorporation all the powers and jurisdic- 
tion of a justice of the peace. The council may pro- 
vide such subordinate officers as may be necessary, 
as the marshal and treasurer. The town council has 
the same general duties as that of the city of the first 
class, but not quite so extensive. 

REVIEW QUESTIONS. 

1. Give the three classes of municipal corporation. 
2. What is the difference? 3. When is the annual election 
of municipal corporation? 4. How long in the city and 
how long in the ward must you he before you are allowed 
to vote? 5. How are the elections held? 6. What is a 
ward and what is the object of it? 7. What officers are 
elected and how long do they hold office in a city of the 
first class? 8. In what is the legislative power vested? 

9. Give powers and duties of the legislative department. 

10. What is the object of the police court? 11. What kind 
of court is it? 12. Who is at the head of this department? 
13. Who is the chief executive officer? 14. How is a 
vacancy filled? 15. What are his duties? 16. Name some 



126 A PRACTICAL TREATISE ON THE 

of the other officers of the city of the first class and give 
their duties. 17. Give the officers of the city of the second 
class. 18. How long do they hold office? 19. How may a 
town be incorporated? 20. Give the officers of an incor- 
porated town. 21. What advantage is there in having a 
city or town incorporated? 22. Why are not all towns 
incorporated? 23. Many of the largest cities of the United 
States have two branches of the city council corresponding 
to our Senate and House, called the upper and lower 
house. A congress, legislature, and a city council so 
divided are said to consist of two deliberative bodies. 
Do you think the city council should consist of two de- 
liberative bodies? 24. Give all the points in favor of two 
deliberative bodies, disadvantages of two, of one. 25. Why 
is city government so complicated? 26. Mention the affairs 
in the following list that are usually managed by the city 
council: Water- works, street-car lines, electric lights, spe- 
cial delivery of mail, sidewalks, transportation, sewerage, 
pavement of streets, telephone system, fire department, 
empounding of stock, police force, sale of goods on the 
streets, public parks, gas-works. 



CIVIL GOVERNMENT OE ARKANSAS. 127 



CHAPTER IX, 



Jtfi|igellaneou: 



GENERAL ELECTIONS. 

187. Time. — On the first Monday in September 
every two years an election is held in each precinct 
and ward in the State for the election of all elective 
State, county, and township officers, whose term of 
office is fixed by the constitution at two years. Also 
State senators, judges of the supreme court, circuit 
judges and prosecuting attorneys are elected at this 
time when their terms have previously expired. Sec- 
tion 25, Kevised Statutes of the United States, pre- 
scribes the next Tuesday after the first Monday in 
November, every two years, for the election of repre- 
sentatives in Congress. Should this section be repealed 
our representatives in Congress would be elected on 
the first Monday in September. 

188. Election Commissioners. — The board of 
election commissioners (Art. 174) appoints three 
qualified electors as commissioners in each countv 



128 A PRACTICAL TREATISE ON THE 

to select election judges for each voting precinct and 
for other prescribed duties. After taking oath, they 
meet at the court-house and organize themselves into 
a board of " election commissioners " by choosing one 
member as chairman and another as clerk. 'Not less 
than five days before the election they appoint three 
judges of election for each voting precinct. They fur- 
nish a ballot-box, printed ballots, poll-book, and all 
other supplies, for each precinct. These are delivered 
to the sheriff, who takes or sends them to the precinct 
before the election. If the sheriff be a candidate, 
it is the duty of the board to appoint some suitable 
person or persons to perform the duties of the sheriff 
at such election. 

189. Qualifications of Electors. — Every male 
citizen of the United States of the age of twenty-one 
years, who has resided in the State twelve months, 
in the county six months, and in the precinct or ward 
one month, next preceding any election, is a qualified 
elector and has the right to vote, except idiots and in- 
sane persons. ~No person who has been convicted of 
any offence which is a felony at common law is al- 
lowed to vote, unless the Governor pardoned such 
person. The law requires each elector to present a 
poll-tax receipt to the judges, who indicate on it that 
the elector has voted. This is done to prevent any one 
from voting more than once. This is law, but it is 
not practiced in all cases. 



CIVIL GOVERNMENT OF ARKANSAS. 



129 



OFFICIAL BALLOT. 



Election September 5. 1898. 



(Cross out or scratch 
cfl the names of all per- 
sons except those tor 
whom you wish to vote.) 



Governor. — Vote for one. 

Daniel W. Jones Democrat. 

H. F. Auten Republican. 

Alex. IfcKNiGHT.-Liberty Party. 
W. S. Morgan Populist. 



Commissioner of State Lands. — 

Vote for one. 
George M. French . . .Republican. 
J. W. Colquitt Democrat. 



Commissioner of Mines, Manu- 
facture and Agriculture. — 
Vote for one. 

Frank Hill Democrat. 

Charles W. Cox Republican. 



Secretary of State. — Vote for one. 

H. H. Myers Republican. 

Alex. C. Hull Democrat. 



Superintendent Public Instruc- 
tion. — Vote for one. 

R. L. Willford Republican. 

J. J. Doyne Democrat. 



State Auditor. — Vote for one. 

Clay Sloan Democrat. 

Andrew I. Roland. .Republican. 



Associate Justice of the Supreme 
Court. — Vote for one. 

J. E. Riddick Democrat. 

James Brizzolara. . .Republican. 



State Treasurer. — Vote for one. 

A. L. Krewson Republican. 

Thomas E. Little Democrat. 



Attorney General. — Vote for one. 

Jeff. Davis Democrat. 

J. F. Henley.. Republican 

9 



FOR AMENDMENT No. 4 — 

(Railroad Commission.) 

AGAINST AMENDMENT No. 4. 

FOR AMENDMENT No. 6.— 

(County Road Tax.) 

AGAINST AMENDMENT No. 5. 



130 



A PRACTICAL TREATISE OK THE 



Circuit Judge 4th Judicial Cir- 
cuit. — Vote for one. 

J. M. Pittman Democrat. 

Prosecuting Attorney 4th Judi- 
cial Circuit. — Vote for one. 
J. W. Walker Democrat. 

State Senator 24th Senatorial 

District. — Vote for one. 

N. J. Cablock Democrat. 

Representatives. — Vote for two. 

J. W. Camfe Populist. 

H. W. Gipple Republican. 

Harry L. Patton Democrat. 

R. L. Nance .Democrat. 

County Judge. — Vote for one. 

F. H. Foster Democrat. 

Harry Newbold Republican. 

Sheriff and Collector. — Vote for 
one. 

Josh. Mason Republican. 

J. G. McAndrews.... Democrat. 

Circuit Clerk. — Vote for one. 

W. O. Young Democrat. 

Denton Woods Republican. 



County Clerk. — Vote for one. 

W. M. Haste Republican. 

Harry Hust Democrat. 

County Treasurer. — Vote for one. 

W. L. Marley Democrat. 

G. M. D. Goff Republican. 

Assessor. — Vote for one. 

S. J. Murphey Republican. 

J. W. Puckett Democrat. 

Surveyor. — Vote for one. 

J. A. Murry Democrat. 

Thomas Wilson Republican. 

Coroner. — Vote for one. 

Justices of the Peace. — Vote for 
two. 

Constable. — Vote for one. 

FOR LICENSE. 

AGAINST LICENSE. 

FOR THE SALE OF WINE. 

AGAINST THE SALE OFWINE. 



CIVIL GOVERNMENT OF ARKANSAS. 131 

190. Form of Ballot. — On pages 129 and 130 is 

given the form of ballot used in the general election 
of September, 1898. The ballot was printed in one 
continuous column, and on one side of the strip of 
paper, as has always been the custom. 

OFFICIAL BALLOT, 

191. Ballot System. — The Australian ballot sys- 
tem has been adopted by the State. This system was 
first proposed by Francis S. Dutton, who was a mem- 
ber of the Legislature of South Australia from 1851 
to 1865. The Legislature made it a law in 1857. 
Other nations heard of the system and the excellent 
results. Massachusetts, in 1888, introduced the sys- 
tem into the United States. Many of the States 
of the Union have since adopted it. It should be 
adopted by all States. As applied to suffrage, it is 
one of the grandest schemes known to man. Under 
such a system, violence, disorder, bribery, and intimi- 
dation lie powerless. The polls are opened at 8 
o'clock A. M. and closed at 6:30 P. M., remaining 
continuously open during that time. 

192. Manner of Voting. — No ballots shall be used 
except those gotten out at public expense. The names 
of all candidates, to be voted for at any election, 
shall be printed on these ballots, indicating both the 
offices to which they aspire and the party they repre- 
sent. One hundred fifty ballots for each fifty, or 
fraction of fifty, electors in each precinct are sent to 



132 A PRACTICAL TREATISE ON THE 

the election judges of all the voting precincts in the 
county. A strict record of the number of ballots sent 
to each precinct is kept. All of these ballots must be 
returned to the election commissioners with the re- 
turns of the election. The ballots returned are of 
three kinds — the ballots filled out and cast into the 
ballot-box, blank ballots not needed in the election 
and ballots spoiled by the electors during the election 
and returned to the election judges. This plan pre- 
vents any fraud in elections. One booth, or com- 
partment, for each one hundred electors, or fraction 
thereof, is prepared in each precinct or ward, where 
each individual may retire and prepare his ballot. 
The elector, having prepared his ballot, folds and 
returns it to the election judges, who number the 
ballot and cast it into the ballot-box. 

The returning of the spoiled ballots to the elec- 
tion commissioners is a requirement of the Austra- 
lian system ; but it is not required in our State laws. 

The clerks record in the poll-books the elector's 
name and the number of the ballot voted by such 
elector. The ballots are counted by the judges, and 
the results, with all the ballots, are sent by special 
messenger to the election commissioners at the county 
seat. These sum up the result and announce it offi- 
cially to the public. The election commissioners 
ascertain the result of the election for all State officers 
and send two sealed packages, containing their state- 
ment of the result, one addressed to the Secretary of 



CIVIL GOVERNMENT OF ARKANSAS. 133 

State and the other addressed to the Speaker of the 
House. The Speaker opens and summarizes them 
(see p. 75) in the presence of both the House and 
the Senate. 

193 Expenses. — The members of the board of 
election commissioners each receive $2 a day while 
actually engaged, the judges and clerks receive $1 a 
day, and the messenger carrying the returns of the 
election receives five cents a mile in going and return- 
ing. These expenses, together with all printing ex- 
penses, must be paid by the county. However, the 
candidates receiving the nomination really pay the 
expense. The certificates of nomination must be ac- 
companied by the receipt of the treasurer or collector 
of each county in which the candidates are to be voted 
for. The amounts required of each are as follows: 
Candidates for office to be voted for by the electors 
of the entire State, fifty cents for each county ; can- 
didates for office of a district composed of more than 
one county, except members of Congress, $3 ; candi- 
dates for representatives in Congress, $10 ; candidates 
for office of a single county, $3 ; candidates for office 
of a township, $1. These several amounts are placed 
to the credit of the fund for general county expenses. 

194. Senatorial Districts. — In all senatorial dis- 
tricts composed of two or more counties, the election 
board of each county in the district transmits to the 
election board of the county first named in the dis- 
trict, a certified copy of the abstract of the senatorial 
election in each county. 



134 A PRACTICAL TREATISE ON THE 

195. Presidential Elections — The election or ap- 
pointment of electors for President and Vice-Presi- 
dent of the United States is held on the Tuesday 
next after the first Monday in November. We do not 
vote directly for President and Vice-President, but 
vote for " electors/' who meet at the State capital and 
cast their vote directly for them. This State has nine 
electors, or is allowed nine electoral votes. (Art. 
11.) Each party, when it meets in State convention 
to choose candidates for President and Vice-Presi- 
dent, selects nine candidates for electors. These elec- 
tors are placed on the official ticket under the head of 
the party choosing them and are submitted to the 
people, who vote for them as explained in Art. 192. 
When the county board of commissioners receives the 
returns it forwards them to the Governor (Art. 
174:, 7) and the result is then declared by the State 
election board. The Governor and Secretary of 
State issue certificates to the persons chosen as elec- 
tors. 

On the second Monday in January the electors 
meet at the seat of government and cast their vote for 
President and Vice-President. They make, sign, and 
certify three lists. Two are transmitted to the presi- 
dent of the United States Senate — one by special 
messenger and the other by mail, and the third is filed 
with the judge of the United States district court in 
which the electors meet. On the second Wednesday 
in February the United States Senate and the House 
of Representatives meet in joint session. In the 



CIVIL GOVERNMENT OF ARKANSAS. 135 

presence of both houses the president of the Senate 
opens and counts the votes from all the States. 

196. United States Senators.— Each State in the 
Union has two senators, and no more. They hold 
office for the term of six years. The Legislature, on 
the second Tuesday after its meeting and organiza- 
tion, proceeds to elect a United States senator. 

Senators each receive $7,500 a year and twenty 
cents a mile in going to and returning from Congress. 

197. Congressional Districts. — Representatives 
in Congress are elected every two years. They each 
receive $7,500 a year, and twenty cents a mile in 
going to and returning from Congress. There are 
seven congressmen from this State, one from each 
of the following congressional districts : 

First — Clay, Greene, Craighead, Mississippi, Crittenden, 
Cross, Poinsett, St. Francis, Lee, Phillips, and Woodruff. 

Second — Stone, Sharp, Randolph, Lawrence, Fulton, 
Izard, Independence, White, Cleburne, Jackson, Prairie, 
and Monroe. 

Third — Washington, Benton, Madison, Carroll, Newton, 
Boone, Searcy, Baxter, Marion, and Van Buren. 

Fourth — Crawford, Sebastian, Logan, Scott, Polk, Sevier, 
Howard, Pike, Little River, Montgomery, and Miller. 

Fifth — Franklin, Johnson, Pope, Yell, Conway, Faulkner, 
Perry, and Pulaski. 

Sixth — Garland, Hot Springs, Saline, Dallas, Grant, 
Desha, Cleveland, Lincoln, Drew, Jefferson, Arkansas, and 
Lonoke. 

Seventh — Hempstead, Clark, Nevada, Columbia, Union, 
Quachita, Lafayette, Calhoun, Bradley, Ashley, and Chicot, 



136 A PRACTICAL TREATISE ON THE 

STATE INSTITUTIONS. 

198. Charitable. — The School for the Blind has a 
beautiful location in the southern part of the city of 
Little Rock. The Deaf Mute Institute is located in 
a very desirable place in the western part of the city. 
Farther out in the western part of the city is the 
Lunatic Asylum; the attractive surroundings make 
it a pleasant and happy home for the inmates. 

The Governor appoints a board consisting of six 
members, one from each congressional district, to 
manage these institutions. 

199. Ex-Confederate Home. — This home, which 
was formally opened December 1, 1890, is situated 
about six miles southeast of Little Rock, on the Pine 
Bluff road. It was first maintained by private sub- 
scription, but in 1891 it was given to the State and 
the Legislature appropriated $10,000 for its support. 
It is a comfortable home, but not large enough to 
accommodate all deserving applicants. 

200. Arkansas Industrial University. — The Ar- 
kansas Industrial University is located at Fayette* 
ville. The medical and law departments, however, 
are located at Little Bock, and the Branch Normal 
Department (for the colored) is at Pine Bluff. The 
Governor appoints one trustee from each congress- 
ional district, who serves for six years. The excels 
lent work of the University speaks for itself, 



CIVIL GOVERNMENT OF ARKANSAS. 137 

201. Penitentiary. — About four miles southwest 
of the main business part of the city of Little Rock 
is the penitentiary. The buildings are well equipped 
and have been well managed. The management of 
convicts is a difficult undertaking. The following is 
from the biennial report of 1896, made by H. B. 
Armistead, Secretary of State: 

" There is no State board that has graver duties to 
perform, or greater responsibilities resting upon it, 
than the Board of Penitentiary Commissioners. We 
have entrusted to our care and control 950 convicts, 
for the most part thieves, murderers, and desperadoes. 
The management of penal labor is a subject of the 
deepest public concern. ]STo two States have adopted 
the same system of management. Convicts are crimi- 
nals, and should be made to pay the penalty of viola- 
ted law ; but they are human beings, and should be so 
treated by those having them in charge," 

REVIEW QUESTIONS. 

1. When is the general election held? 2. What officers 
are elected at this time? 3. Give the duties of the board of 
election commissioners. 4. Give qualifications of electors. 
|>. What persons are disqualified? 6. What ballot system 
do we use? 7. Why so called. 8. How many ballots are 
pent out? 9. Explain the manner of voting. 10. How is 
the expense of elections paid? 11. Give compensation of 
those who assist in holding elections. 12. What special 
arrangement has been made for elections held in senatorial 
districts of more than one county? How is the President 
§md Vice-President elected? 14. When is the election held? 



138 A PRACTICAL TREATISE ON THE 

15. How are United States senators elected? 16. How much 
do they receive and how long do they hold office? 17. How 
many congressional districts? 18. What is the number of 
yours? 19. Give the names of our senators. 20. Give 
names of two of our United States representatives. 21. Give 
the names of our charitable institutions. 22. Where is 
each located? 23. How many on each board and how are 
they appointed? 24. Where is the penitentiary? 25. Who 
has the management of it? 

GENERAL QUESTIONS. 

1. Define misdemeanor, assault, felony, civil action, 
criminal action. 2. What is grand larceny? 3. What 
petty larceny? 4. What does embezzlement mean? 5. What 
is meant by suffrage? 6. Explain franchise, disfranchise. 
7. What does waive or waiver mean? 8. Explain nol pros 
as generally used. 9. What is meant by acquittal? 10. De- 
fine breach of the peace, client, defeasance, excise, perjury, 
proviso, replevin, reprieve, recourse, State's evidence, ver- 
dict, viva voce. 






CONSTITUTION 



OF THE 



Stale ol j^Flgan$a§. 



Adopted in Convention September 7, 1874. 



PREAMBLE. 



We, the people of the State of Arkansas, grateful to 
Almighty God for the privilege of choosing our own form 
of government; for our civil and religious liberty; and 
desiring to perpetuate its blessings and secure the same 
to ourselves and posterity, do ordain and establish this 
Constitution. 

ARTICLE I.— Boundaries. 

We do declare and establish, ratify, and confirm the 
following as the permanent boundaries of the State of 
Arkansas — that is to say: Beginning at the main channel 
of the Mississippi river, on the parallel thirty-six degrees 
of north latitude, running thence west with said parallel 
of latitude to the middle of the main channel of the 
St. Francis river; thence up the main channel of said last- 
named river to the parallel of thirty-six degrees, thirty 
minutes of north latitude; thence west with the southern 
boundary line of the State of Missouri to the southwest 
corner of said last-named State; thence to be bounded on 
the west to the north bank of Red river, as by Act of Con- 
gress and treaties existing January first, 1837, defining the 



140 CONSTITUTION OF THE 

western limits of the territory of Arkansas, and to be 
bounded across and south of Red river by the boundary 
line of the State of Texas as far as to the northwest corner 
of the State of Louisiana; thence easterly with the north- 
ern boundary line. of said last-named State to the middle 
of the main channel of the Mississippi river; thence up 
the middle of the main channel of said last-named river, 
including an island in said river known as " Belle Point 
Island," and all other land originally surveyed and included 
as a part of the Territory or State of Arkansas, to the 
thirty-sixth degree of north latitude, the place of beginning. 

Seat of Government. 

The seat of government of the State of Arkansas shall be 
and remain at Little Rock, where it is now established. 

ARTICLE II. — Declaeation of Rights. 

Section 1. — Source of Political Power — Object of Govern- 
ment — Right of Reform and Abolition. 

All political power is inherent in the people, and govern- 
ment is instituted for their protection, security, and 
benefit; and they have the right to alter, reform, or abolish 
the same, in such manner as they may think proper. 

Section 2. — Natural Freedom and Independence of Men — 
Inalienable Rights — Origin of Government. 

All men are created equally free and independent, and 
have certain inherent and inalienable rights; amongst 
which are those of enjoying and defending life and liberty; 
of acquiring, possessing, and protecting property and repu- 
tation; and of pursuing their own happiness. To secure 
these rights governments are instituted among men, de- 
riving their just powers from the consent of the governed. 



STATE OF ARKANSAS. 141 

Section 3. — Equality of All Persons Before the Law. 

The equality of all persons before the law is recognized, 
and shall ever remain inviolate; nor shall any citizen ever 
be deprived of any right, privilege, or immunity; nor ex- 
empted from any burden or duty, on account of race, color, 
or previous condition. 

Section 4. — Right of Public Assembly, and of Petition. 

The right of the people peaceably to assemble to consult 
for the common good, and to_petition, by address or re- 
monstrance, the government, or any department thereof, 
shall never be abridged. 

Section 5.— Right to Bear Arms. 

The citizens of this State shall have the right to keep and 
bear arms for their common defence. , 

Section 6. — Liberty of the Press and of Speech — Libel. 

The liberty of the press shall forever remain inviolate. 
The free communication of thoughts and opinions is one of 
the inalienable rights of man; and all persons may freely 
write and publish their sentiments on all subjects, being 
responsible for the abuse of such right. In all criminal 
prosecutions for libel, the truth may be given in evidence 
to the jury; and, if it shall appear to the jury that the mat- 
ter charged as libelous is true, and was published with 
good motives and for justifiable ends, the party charged 
shall be acquitted. 

Section 7. — Trial by Jury. 

The right of trial by jury shall remain inviolate, and 
shall extend to all cases at law, without regard to the 
amount in controversy; but a jury trial may be waived by 
the parties in all cases, in the manner prescribed by law. 



142 CONSTITUTION OF THE 

Section 8. — No Person to be Held to Answer for Crime, but 
on Presentment or Indictment — Exceptions — No Person 
to be Twice Put in Jeopardy for Same Offence — Or be 
Compelled to be Witness Against Himself — Security for 
Life, Liberty, and Property — Right to Bail. 

No person shall be held to answer a criminal charge, 
unless on the presentment or indictment of a grand jury; 
except in cases of impeachment, or cases such as the Gen- 
eral Assembly shall make cognizable by justices of the 
peace, and courts of similar jurisdiction, or cases arising 
in the army and navy of the United States, or in the militia 
when in actual service in time of war or public danger; and 
no person, for the same offence, shall be twice put in 
jeopardy of life or liberty; but if, in any criminal prose- 
cution, the jury be divided in opinion, the court before 
which the trial shall be had, may, in its discretion, dis- 
charge the jury, and commit or bail the accused for trial, 
at the same or the next term of said court; nor shall any 
person be compelled, in any criminal case, to be a witness 
against himself; nor be deprived of life, liberty, or prop- 
erty, without due process of law. All persons shall, before 
conviction, be bailable by sufficient sureties, except for 
capital offences, when the proof is evident or the presump- 
tion great. 

Section 9. — Excessive Bail and Fines, Cruel Punishments, and 
Detention of Witnesses Prohibited. 

Excessive bail shall not be required; nor shall excessive 
fines i be imposed; nor shall cruel or unusual punishment 
be inflicted; nor witnesses be unreasonably detained. 

Section 10. — Rights of Accused in Criminal Prosecution. 

In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of 
the county in which the crime shall have been committed: 



STATE OF ARKANSAS. 143 

Provided, that the venue may he changed to any other 
county of the judicial district in which the indictment is 
found, upon the application of the accused, in such manner 
as now is or may be prescribed by law; and to be informed 
of the nature and cause of the accusation against him, and 
to have a copy thereof; and to be confronted with the wit- 
nesses against him; to have compulsory process for ob- 
taining witnesses in his favor; and to be heard by himself 
and his counsel. 

Section 11. — Habeas Corpus. 

The privilege of the writ of habeas corpus (Art. 113), shall 
not be suspended except, by the General Assembly, in case 
of rebellion, insurrection, or invasion, when the public 
safety may require it. 

Section 12. — Suspension of the Laws. 

No power of suspending or setting aside the law or laws 
of the State shall ever be exercised, except by the General 
Assembly. (Art. 112.) 

Section 13. — Redress of Wrongs. 

Every person is entitled to a certain remedy in the laws 
for all injuries or wrongs he may receive in his person, 
property, or character; he ought to obtain justice freely 
and without purchase, completely and without denial, 
promptly and without delay, conformably to the laws. 

Section 14. — Treason. 

Treason against the State shall only consist in levying 
and making war against the same, or in adhering to its. 
enemies, giving them aid and comfort. No person shall be 
convicted of treason unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open court. 



144 CONSTITUTION OF THE 

Section 15. — Security Against Unreasonable Searches and 

Seizures. 

The right of the people of this State to be secure in their 
persons, houses, papers, and effects, against unreasonable 
searches and seizures shall not be violated; and no warrant 
shall issue, except upon probable cause, supported by oath 
or affirmation, and particularly describing the place to be 
searched, and the person or thing to be seized. 

Section 16. — Imprisonment for Debt Prohibited. 

No person shall be imprisoned for debt in any civil 
action, on mesne or final process, unless in cases of fraud. 

Section 17. — Attainder Laivs, ex Post Facto, Impairing 
Contracts, etc., Prohibited. 

No bill of attainder, ex post facto law, or law impairing 
the obligation of contracts shall ever be passed; and no 
conviction shall work corruption of blood or forfeiture of 
estate. (Art. 113, 3.) 

Section 18. — Equality of Privileges and Immunities. 

The General Assembly shall not grant, to any citizen 
or class of citizens, privileges or immunities which, upon 
the same terms, shall not equally belong to all citizens. 

Section 19. — Perpetuities, Monopolies, and Hereditary Dis- 
tinctions Prohibited. 

Perpetuities and monopolies are contrary to the genius 
of a republic, and shall not be allowed, nor shall any 
hereditary emoluments, privileges, or honors ever be 
granted or conferred in this State. 

Section 20. — Resident Aliens. 
No distinction shall ever be made by law, between resi- 



STATE OF ARKANSAS. 145 

dent aliens and citizens, in regard to the possession, en- 
joyment, or descent of property. 

Section 21. — Life, Liberty, and Property; How Secured — 
Banisliment Prohibited. 

No person shall be taken or imprisoned, or disseized of 
his estate, freehold, liberties, or privileges; or outlawed, 
or in any manner destroyed; or deprived of his life, liberty, 
or property; except by the judgment of his peers, or the 
law of the land; nor shall any person, under any circum- 
stances, be exiled from the State. 

Section 22. — Private Property Taken for Public Use. 

The right of property is before and higher than any con- 
stitutional sanction; and private property shall not be 
taken, appropriated, or damaged for public use, without 
just compensation therefor. 

Section 23.* — State's Right of Eminent Domain and of Tax- 
ation — Delegation of Taxing Power. 

The State's ancient right of eminent domain and of tax- 
ation is herein fully and expressly conceded; and the 
General Assembly may delegate the taxing power, with the 
necessary restriction, to the State's subordinate political 
and municipal corporations, to the extent of providing for 
their existence, maintenance, and well-being, but no further. 

Section 24. — Right of Religious Liberty. 

All men have a natural and indefeasible right to wor- 
ship Almighty God according to the dictates of their own 
consciences; no man can, of right, be compelled to attend, 
erect, or support any place of worship; or to maintain any 
ministry against his consent. No human authority can, in 

♦See page 52. 

10 



146 CONSTITUTION OF THE 

any case or manner whatsoever, control or interfere with 
the right' of conscience; and no preference shall ever be 
given, by law, to any religious establishment, denomina- 
tion or mode of worship, above any other. 

Section 25. — Protection of Religious Liberty. 

Religion, morality, and knowledge being essential to 
good government, the General Assembly shall enact suit- 
able laws to protect every religious denomination in the 
peaceable enjoyment of its own mode of public worship. 

Section 26. — Religious Tests Prohibited — Oaths or Affirma- 
tions Required. 

No religious test shall ever be required of any person as 
a qualification to vote or hold office; nor shall any person 
be rendered incompetent to be a witness on account of his 
religious belief; but nothing herein shall be construed to 
dispense with oaths or affirmations. (Art. 42.) 

Section 27. — Involuntary Servitude, Except for Crime, "Pro- 
hibited — Standing Army — Military Subordinate to Civil 
Power — Quartering of Troops. 

There shall be no slavery in this State, nor involuntary 

servitude, except as a punishment for crime. No standing 

army shall be kept in time of peace; the military shall, at 

all times, be in strict subordination to the civil power; 

and no soldier shall be quartered in any house, or on any 

premises, without the consent of the owner, in time of 

peace; nor in time of war, except in a manner prescribed 

by law. 

Section 28. — Tenure of Lands. 

All lands in this State are declared to be allodial; and 
feudal tenures of every description, with all their incidents, 
are prohibited.* 

*For feudal system, see Barnes's General History, page 408. 



STATE OF ARKANSAS. 147 

Section 29. — This Enumeration of Rights Not to Disparage 
OtJier Rights — Paramount Authority of Declaration of 
Rights and of Constitution. 

This enumeration of rights shall not be construed to 
deny or disparage others retained by the people; and to 
guard against any encroachments on the rights herein re- 
tained, or any transgression of any of the higher powers 
herein delegated, we declare that everything in this article 
is excepted out of the general powers of the government; 
and shall forever remain inviolate; and that all laws con- 
trary thereto, or to the other provisions herein contained 
shall be void. 

ARTICLE III. — Franchise and Elections. (Art. 189.) 

Section 1. — Qualifications of Electors. 

Every male citizen of the United States, or male person 
who has declared his intention of becoming a citizen of 
the same, of the age of twenty-one years, who has resided 
in the State twelve months, and in the county six months, 
and in the voting precinct or ward one month, next pre- 
ceding any election, where he may propose to vote, shall 
be entitled to vote at ail elections by the people. 

Section ^.—-Freedom of Elections — Right of Suffrage Not to 
Depend on Previous Registration — Or Impairadle Except 
on Conviction for Felony. 

Elections shall be free and equal. No power, civil or 
military, shall ever interfere to prevent the free exercise 
of the right of suffrage; nor shall any law be enacted, 
whereby the right to vote at any election shall be made 
to depend upon any previous registration of the elector's 
name; or whereby such right shall be impaired or for- 
feited, except for the commission of a felony at common 
iaw, upon lawful conviction thereof. 



148 CONSTITUTION OF THE 

Section 3. — Elections to be by Ballot — Numbering of Ballots — 
Secrecy of the Ballot. 

All elections by the people shall be by ballot. (Art 190.) 
Every ballot shall be numbered in the order in which it shall 
be received, and the number recorded by the election officers, 
on the list of voters opposite the name of the elector who 
presents the ballot. The election officers shall be sworn or 
affirmed not to disclose how any elector shall have voted, 
unless required to do so as witnesses in a judicial proceed- 
ing, or a proceeding to contest an election. 

Section 4. — Privilege of Electors. 

Electors shall, in all cases (except treason, felony, and 
breach of the peace), be privileged from arrest during their 
attendance at elections, and going to and from the same. 

Section 5. — Idiots and Insane. 

No idiot or insane person shall be entitled to the privi- 
leges of an elector. 

Section 6. — Corrupt Violation of Election Laics to Disqualify 
for Office. 

Any person who shall be convicted of fraud, bribery, or 
other wilful and corrupt violation of any election law of 
this State, shall be adjudged guilty of a felony, and dis- 
qualified from holding any office of trust or profit in this 
State. 

Section 7.— United States Soldiers, Sailors, and Marines. 

No soldier, sailor, or marine, in the military or naval 
service of the United States, shall acquire a residence by 
reason of being stationed on duty in this State. 



STATE OF ARKANSAS. 149 

Section 8. — Time of Holding General Elections. 

The general elections (Art. 187) shall be held biennially 
on the first Monday of September; but the General As- 
sembly may, by law, fix a different time. 

Section 9. — Testimony in Cases of Contested Elections. 

In trials of contested elections and in proceedings for 
the investigation of elections, no person shall be permitted 
to withhold his testimony on the ground that it may crimi- 
nate himself, or subject him to public infamy; but such 
testimony shall not be used against him in any judicial 
proceeding, except for perjury in giving such testimony. 

Section 10. — Causes of Disqualification as Election Officer. 

No person shall be qualified to sewe as an election officer 
(Art. 188) who shall hold, at the time of the election, any 
office, appointment, or employment in or under the govern- 
ment of the United States, or of this State, or in any city or 
county or any municipal board, commission, or trust in any 
city; save only the justices of the peace, and aldermen, no- 
taries public, and persons in the militia service of the State. 
Nor shall any election officer be eligible to any civil office to 
be filled at an election at which he shall serve; save only 
to such subordinate municipal or local offices, below the 
grade of city or county officers, as shall be designated by 
general law. 

Section 11. — Votes Unlawfully Refused, to be Counted on 
Trial of Contest. 

If the officers of any election shall unlawfully refuse or 
fail to receive, count, or return the vote or ballot of any 
qualified elector, such vote or ballot shall nevertheless be 
counted upon the trial of any conte[n]st arising out of 
said election. 



150 CONSTITUTION OF THE 

Section 12. — Elections by Parties Representative. 

All elections by persons acting in a representative 
capacity shall be viva voce. 

ARTICLE IV.— Departments. (Art. 89.) 

Section 1. — Departments of- Government 

The powers of the government of the State of Arkansas 
shall be divided into three distinct departments, each of 
them to be confided to a separate body of magistracy — to 
wit: Those which are legislative to one; those which are 
executive to another; and those which are judicial to 
another. 

Section 2. — Separation of Departments. 

No person or collection of persons, being of one of these 
departments, shall exercise any power belonging to either 
of the others, except in the instances hereinafter expressly 
directed or permitted. 

ARTICLE V.— Legislative. (Art. 90.) 

Section 1. — General Assembly. 

The legislative power of this State shall be vested in a 
General Assembly, which shall consist of the Senate and 
House of Representatives. 

Section 2. — House of Representatives. 

The House of Representatives shall consist of members 
to be chosen every second year by the qualified electors of 
the several counties. 

Section 3. — Senate. 

The Senate (Art. 101) shall consist of members to be 
chosen every four years by the qualified electors of the sev- 



STATE OF ARKANSAS. 151 

eral districts. At the first session of the Senate, the senators 
shall divide themselves into two classes, by lot, and the first 
class shall hold their places for two years only, after which 
all shall be elected for four years. 

Section 4. — Qualifications of Senators and Representatives. 

No person shall be a senator or representative who, at 
the time of his election, is not a citizen of the United States, 
nor any one who has not been, for two years next pre- 
ceding his election, a resident of this State, and for one 
year next preceding his election, a resident of the county 
or district whence he may be chosen. Senators shall be 
at least twenty-five years of age, and representatives at 
least twenty-one years of age. 

Section 5. — Times of Meeting. 

The General Assembly shall meet at the seat of govern- 
ment every two years, on the first Tuesday after the second 
Monday in November, until said time be altered by law. 
(Art. 91.) 

Section 6. — Vacancies. 

The Governor shall issue writs of election (Arts. 92, 101) 
to fill such vacancies as shall occur in either house of the 
General Assembly. 

Section 7. — Officers Ineligible to General Assembly. 

No judge of the supreme, circuit, or inferior courts of 
law or equity, secretary of state, attorney-general for the 
State, auditor, or treasurer, recorder, clerk of any court 
of record, sheriff, coroner, member of Congress, or any 
other person holding any lucrative office under the United 
States or this State (militia officers, justices of the peace, 
postmasters, officers of public schools and notaries ex- 
cepted), shall be eligible to a seat in either house of the 
General Assembly. 



152 CONSTITUTION OF THE 

Section 8. — Holders of Public Moneys Disqualified for 
Office, Until Settlement. 

No person who now is, or shall be hereafter, a collector 
or holder of public money, nor any assistant or deputy of 
such holder or collector of public money, shall be eligible 
to a seat in either house of the General Assembly, nor to 
any office of trust or profit, until he shall have accounted 
for and paid over all sums for which he may have been 
liable. 

Section 9. — Conviction of Infamous Crime to Disqualify 
for Office. 

No person hereafter convicted of embezzlement of public 
money, bribery, forgery, or other infamous crime, shall be 
eligible to the General Assembly or capable of holding any 
office of trust or profit in this State. 

Section 10. — Senator or Representative Disqualified for 
Civil Office. 

No senator or representative shall, during the term for 
which he shall have been elected, be appointed or elected 
to any civil office under this State. 

Section 11.. — Each House to Appoint its Officers and Determine 
Qualifications, etc., of Its Members — Quorum. 

Each house shall appoint its own officers (pages 65 and 69) 
and shall be sole judge of the qualifications, returns, and 
elections of its own members, A majority of all the mem- 
bers elected to each house shall constitute a quorum to do 
business; but a smaller number may adjourn from day to 
day, and compel the attendance of absent members, in such 
manner and under such penalties as each house shall pro- 
vide. 



STATE OF ARKANSAS. 153 

Section 12. — Rules — Expulsion of Members — Punishment for 
Contempt — Enforcement of Process — Protection of Mem- 
bers — Journal — Yeas and Nays. 

Each house shall have the power to determine the rules* 
of its proceedings; and punish its members or other persons 
for contempt or disorderly behavior in its presence; enforce 
obedience to its process; to protect its members against 
violence or offers of bribes, or private solicitations; and, 
with the concurrence of two-thirds, expel a member; but 
not a second time for the same cause. A member expelled 
for corruption shall not, thereafter, be eligible to either 
house; and punishment for contempt or disorderly behavior 
shall not bar an indictment for the same offence. Each 
house shall keep a journal of its proceedings; and, from 
time to time, publish the same, except such parts as re- 
quire secrecy; and the yeas and nays, on any question, 
shall, at the desire of any five members, be entered on the 
journals. 

Section 13. — Proceedings to be Public. 

The sessions of each house, and of committees of the 
whole, shall be open, unless when the business is such as 
ought to be kept secret. 

Section 14.— -Elections by Joint or Concurrent Tote, 

Whenever an officer, civil or military, shall be appointed 
by the joint or concurrent vote of both houses or by the 
separate vote of either house of the General Assembly, the 
vote shall be taken viva voce and entered on the journals. 

Section 15. — Privileges of Senators and Representatives. 

The members of the General Assembly shall, in all cases 
except treason, felony, and breach, or surety of the peace, 
be privileged from arrest during their attendance at the 

* See last paragraph of Art. 107. 



154 CONSTITUTION OF THE 

sessions of their respective houses and in going to and 
returning from the same, and, for any speech or debate in 
either house, they shall not he questioned in any other 
place. 

Section 16. — Pay and Mileage — Term to Begin ivith Election. 

The members of the General Assembly shall receive such 
per diem pay (Art. 94) and mileage for their services, as shall 
be fixed by law. No member of either house shall, during the 
term for which he has been elected, receive any increase 
of pay for his services under any law passed during such 
term. The term of all members of the General Assembly 
shall begin on the day of their election. 

Section 17. — Duration of Sessions. 

The regular biennial sessions shall not exceed sixty days 
in duration; unless by a vote of two-thirds of the members 
elected to each house of said General Assembly: Provided, 
that this section Shall not apply to the first session of the 
General Assembly under this Constitution, or when im- 
peachments are pending. 

Section 18. — Presiding Officers — President of Senate te Suc- 
ceed to Governorship in Case of Vacancy. 

Each house, at the beginning of every regular session of 
the General Assembly and whenever a vacancy may occur 
shall elect from its members a presiding officer, to be styled, 
respectively, the president of the Senate and the speaker of 
the House of Representatives; and whenever, at the close 
of any session, it may appear that the term of the member 
elected president of the Senate will expire before the next 
regular session, the Senate shall elect another president 
from those members whose terms of office continue over, 
who shall qualify and remain president of the Senate until 
his successor may be elected and qualified, and who, in the 



State otf Arkansas. 155 

case of a vacancy in the office of Governor, shall perform 
the duties and exercise the powers of Governor, as else- 
where herein provided. 

Section 19. — Style of Laws. 

The style of the laws of the State of Arkansas shall be: 
" Be it enacted by the General Assembly of the State of 
Arkansas." 

Section 20. — State Not to be Sued in Her Courts. 

The State of Arkansas shall never be made defendant in 
any of her courts. 

Section 21. — Laws to be by Bill — Amendment of Bills. 

No law shall be passed except by bill, and no bill shall 
be so altered or amended, on its passage through either 
house, as to change its original purpose. 

Section 22. — Passage of Bills. 

Every bill shall be read at length, on three different days, 
in each house, unless the rules be suspended by two-thirds 
of the house, when the same may be read a second or third 
time on the same day; and no bill shall become a law 
unless, on its final passage, the vote be taken by yeas and 
nays; the names of the persons voting for and against the 
same be entered on the journal; and a majority of each 
house be recorded thereon as voting in its favor. 

Section 23. — Revival, Amendment, and Extension, of Laws. 

No law shall be revived, amended, or the provisions 
thereof extended or conferred, by reference to its title only; 
but so much thereof as is revived, amended, extended, or 
conferred, shall be re-enacted, and published at length. 

Section 24. — Classes of Special Legislation ProJiibited. 

The General Assembly shall not pass any local or special 
law changing the venue in criminal cases; changing the 



156 CONSTITUTION OF THE 

names of persons, or adopting or legitimating children; 
granting divorces; vacating roads, streets, or alleys. 

Section 25. — Restrictions on Special Legislation. 

In all cases where a general law can be made applicable, 
no special law shall be enacted; nor shall the operation of 
any general law be suspended by the Legislature for the 
benefit of any particular individual, corporation, or associa- 
tion; nor where the courts have jurisdiction to grant the 
powers or the privileges or the relief asked for. 

Section 26. — Publication of Notice of Local and Special Bills. 

No local or special bill shall be passed, unless notice of 
the intention to apply therefor shall have been published 
in the locality where the matter or the thing to be affected 
may be situated; which notice shall be at least thirty days 
prior to the introduction in the General Assembly of such 
bill, and in the manner to be provided by law. The evi- 
dence of such notice having been published shall be ex- 
hibited in the General Assembly before such act shall be 
passed. 

Section 27. — Extra Compensation to Officers, Agents, Em- 
ployees, and Contractors — Appropriations for Claims, 
in Matters Not Provided for oy Pre-existing Laws. 

No extra compensation shall be made to any officer, agent, 
employee, or contractor, after the service shall have been 
rendered, or the contract made; nor shall any money be 
appropriated or paid on any claim, the subject-matter of 
which shall not have been provided for by pre-existing 
laws; unless such compensation or claim be allowed by bill 
passed by two-thirds of the members elected to each branch 
of the General Assembly. 



STATE OF ARKANSAS. 157 

Section 28. — Adjournment. 

Neither house shall, without the consent of the other, 
adjourn for more than three days; nor to any other place 
than that in which the two houses shall be sitting. 

Section 29. — Appropriations to be Specific, and Limited to 
Two Years. 

No money shall be drawn from the treasury except in 
pursuance of specific appropriation made by law, the pur- 
pose of which shall be distinctly stated in the bill, and the 
maximum amount which may be drawn shall be specified 
in dollars and cents; and no appropriations shall be for 
a longer period than two years. 

Section 30. — General and Special Appropriation Bills. 

The general appropriation bill shall embrace nothing but 
appropriations for the ordinary expense of the executive, 
legislative, and judicial departments of the State; all other 
appropriations shall be made by separate bills, each em- 
bracing but one subject. 

Section 31. — Vote Requisite to Allowances of State Tax, and 
Appropriations of Money. 

No State tax shall be allowed, or appropriation of money 
made, except to raise means for the payment of the just 
debts of the State, for defraying the necessary expenses of 
government, to sustain common schools, to repel invasion 
and suppress insurrection, except by a majority of two- 
thirds of both houses of the General Assembly. 

Section 32. — Redress for Injuries to Person or Property. 

No act of the General Assembly shall limit the amount to 
be recovered for injuries resulting in death, or for injuries 
to persons or property; and, in case of death from such 



158 CONSTITUTION OF THE 

injuries, the right of action shall survive, and the General 
Assembly shall prescribe for whose benefit such action shall 
be prosecuted. 

Section 33. — Liabilities of Corporations to the State. 

No obligation or liability of any railroad or other cor- 
poration held or owned by this State shall ever be ex- 
changed, transferred, remitted, postponed, or in any way 
diminished by the General Assembly; nor shall such lia- 
bility or obligation be released, except by payment thereof 
into the State treasury. 

Section 34. — Bills Not to be Introduced During Last Three 
Days of the Session. 

No new bill shall be introduced into either house during 
the last three days of the session. 

Section 35. — Bribery of Officers. 

Any person who shall, directly or indirectly, offer, give, 
or promise any money, or thing of value, testimonial, privi- 
lege, or personal advantage to any executive or judicial 
officer or member of the General Assembly; and any such 
executive or judicial officer or member of the General 
Assembly who shall receive, or consent to receive, any such 
consideration, either directly or indirectly, to influence 
his action in the performance or non-performance of his 
public or official duty, shall be guilty of a felony, and be 
punished accordingly. 

Section 36. — Expulsion of Member No Bar to Indictment. 

Proceedings to expel a member for a criminal offence, 
whether successful or not, shall not bar an indictment and 
punishment, under the criminal laws, for the same offence. 



STATE OF ARKANSAS. 159 

ARTICLE VI. — Executive Department. (Arts. 153-4.) 

Section 1. — Executive Officers — Offices to be at Seat of Gov- 
ernment — Terms of Office — Commissioner of State Lands. 

The executive department of this State shall consist of 
a governor, secretary of state, treasurer of state, auditor 
of state, and attorney-general, all of whom shall keep their 
offices in person at the seat of government and hold their 
offices for a term of two years, and until their successors 
are elected and qualified; and the General Assembly may 
provide by law for the establishment of the office of com- 
missioner of State lands. 

Section 2. — Governor. 

The supreme executive power of this State shall be vested 
in a chief magistrate, who shall be styled " the Governor 
(Arts. 155-6) of the State of Arkansas." 

Section 3. — Election of Executive Officers — Returns — Decla- 
ration of Election — Case of Tie. 

The governor, secretary of state, treasurer of state, audi- 
tor of state, and attorney-general shall be elected by the 
qualified electors of the State at large, at the time and 
• places of voting for members of the General Assembly; 
the returns of each election therefor shall be sealed up 
separately and transmitted to the seat of government by 
the returning officers, and directed to the speaker of the 
House of Representatives, who shall, during the first week 
of the session, open and publish the votes cast and given 
for each of the respective officers hereinbefore mentioned, in 
the presence of both houses of the General Assembly. The 
person having the highest number of votes for each of the 
respective offices shall be declared duly elected thereto; but 
if two or more shall be equal, and highest in votes for the 
same offices, one of them shall be chosen by the joint vote 



160 CONSTITUTION OF THE 

of both houses of the General Assembly, and a majority of 
all the members elected shall be necessary to a choice. 

Section 4. — Contested Elections for Executive Officers. 

Contested elections for governor, secretary of state, 
treasurer of state, auditor of state, and attorney-general 
shall be determined by the members of both houses of the 
General Assembly, in joint session; who shall have exclu- 
sive jurisdiction in trying and determining the same, ex- 
cept as hereinafter provided in the case of special elections; 
and all such contests shall be tried and determined at the 
first session of the General Assembly after the election in 
which the same shall have arisen. 

Section 5. — Qualifications of Governor. 

No person shall be eligible to the office of governor except 
a citizen of the United States, who shall have attained the 
age of thirty years, and shall have been seven years a 
resident of this State. 

Section 6. — Governor to be Commander-in-Chief. 

The governor shall be commander-in-chief of the mili- 
tary and naval forces of this State except when they shall 
be called into the actual service of the United States. 

Section 7. — May Require Information from Officers of Ex- 
ecutive Department — Execution of the Laws. 

He may require information, in writing, from the officers 
of the executive department, on any subject relating to 
the duties of their respective offices; and shall see that the 
laws are faithfully executed. 

Section 8. — Messages to General Assembly. 

He shall give to the General Assembly, from* time to time, 
and at the close of his official term to the next General 



STATE OF ARKANSAS. 161 

Assembly, information, by message, concerning the con- 
dition and government of the State; and recommend for 
their consideration such measures as he may deem ex- 
pedient. 

Section 9. — Great Seal of the State. 

A seal of the State shall be kept by the governor, used 
by him officially, and called the " Great Seal of the State of 
Arkansas." 

Section 10. — Grants and Commissions. 

All grants and commissions shall be issued in the name, 
and by the authority of the State of Arkansas; sealed with 
the great seal of the State; signed by the governor, and 
attested by the secretary of state. 

Section 11. — Persons Ineligible to Office of Governor. 

No member of Congress, or other person holding office 
under authority of this State or of the United States, shall 
exercise the office of governor, except as herein provided. 

Section 12. — Death, Impeachment, or Other Disability of 
Governor. 

In case of the death, conviction on impeachment, failure 
to qualify, resignation, absence from the State, or other 
disability of the governor, the powers, duties, and emolu- 
ments of the office for the remainder of the term, or until 
the disability be removed, or a governor elected and quali- 
fied, shall devolve upon, and accrue to, the president of the 
Senate. (Art. 103.) 

Section 13. — Impeachment or Other Disability of President 
of Senate, Acting as Governor. 

If, during the vacancy of the office of governor, the 
president of the Senate shall be impeached, removed from 
11 



162 CONSTITUTION OF THE 

office, refuse to qualify, resign, die, or be absent from the 
State, the speaker of the House of Representatives shall, 
in like manner, administer the government. 

Section 14. — Election to Fill Vacancy in Office of Governor — 
Returns — Contested Election. 

Whenever the office of governor shall have become vacant 
by death, resignation, removal from office, or otherwise, 
provided such vacancy shall not happen within twelve 
months next before the expiration of the term of office 
for which the late governor shall have been elected, the 
president of the Senate or speaker of the House of Repre- 
sentatives, as the case may be, exercising the powers of 
governor for the time being, shall immediately cause an 
election to be held to fill such vacancy, giving, by procla- 
mation, sixty days' previous notice thereof, which election 
shall be governed by the same rules prescribed for general 
elections of governor as far as applicable; the returns shall 
be made to the secretary of state, and the acting governor, 
secretary of state, and attorney-general shall constitute a 
board of canvassers, a majority of whom shall compare 
said returns, and declare who is elected; and if there be a 
contested election, it shall be decided as may be provided 
by law. 

Section 15.— Bills to be Presented to Governor for Approval — 
Proceedings in Case of Veto — Bill not Returned within 
Five Days to Become a Law — Bills Passed During Last 
Five Days of Session. 

Every bill which shall have passed both houses of the 
General Assembly, shall be presented to the governor; if 
he approve it, he shall sign it; but if he shall not approve it, 
he shall return it, with his objections, to the house in which 
it originated; which house shall enter the objections at 
large upon their journal, and proceed to reconsider it. If, 
after such reconsideration, a majority of the whole number 



STATE OF ARKANSAS. 163 

elected to that house, shall agree to pass the bill, it shall be 
sent, with the objections, to the other house; by which, 
likewise, it shall be reconsidered; and, if approved by a 
majority of the whole number elected to that house, it shall 
be a law; but in such cases, the votes of both houses shall 
be determined by "yeas and nays"; and the names of 
the members voting for or against the bill shall be entered 
on the journals. If any bill shall not be returned by the 
governor within five days, Sunday excepted, after it shall 
have been presented to him, the same shall be a law in 
like manner as if he had signed it; unless the General 
Assembly, by their adjournment, prevent its return; in 
which case it shall become a law, unless he shall file the 
same, with his objections, in the office of the secretary of 
state, and give notice thereof, by public proclamation, 
within twenty days after such adjournment. 

Section 16. — Concurrent Orders and Resolutions to oe Pre- 
sented to Governor for Approval — Proceedings in Case of Veto. 

Every order or resolution in which the concurrence of 
both houses of the General Assembly may be necessary, 
except on questions of adjournment, shall be presented 
to the governor, and, before it shall take effect, be ap- 
proved by him; or, being disapproved, shall be repassed by 
both houses, according to the rules and limitations pre- 
scribed in the case of a bill. 

Section 17. — Veto of Items of Appropriation Bills — Proceed- 
ings in Such Case. 

The governor shall have power to disapprove any item 
or items, of any bill making appropriation of money, em- 
bracing distinct items; and the part or parts of the bill 
approved shall be the law; and the item or items of appro- 
priations disapproved shall be void unless repassed ac- 
cording to the rules and limitations prescribed for th§ 
passage of other bills over the executive veto, 



164 CONSTITUTION OF THE 

Section 18. — General Pardoning Power — Pardoning Power in 
Cases of Treason — Information Concerning Pardons, 
etc., to be Communicated to the General Assembly. 

In all criminal and penal cases, except in those of treason 
and impeachment, the governor shall have power to grant 
reprieves (Art. 378), commutations* of sentence, and par- 
dons, after conviction; and to remit fines and forfeitures, 
under such rules and regulations as shall be prescribed by 
law. In cases of treason, he shall have power, by and with 
the advice and consent of the Senate, to grant reprieves and 
pardons; and he may, in the recess of the Senate, respite the 
sentence until the adjournment of the next regular session 
of the General Assembly. He shall communicate to the 
General Assembly at every regular session each case of re- 
prieve, commutation, or pardon, with his reasons therefor; 
stating the name and crime of the convict, the sentence, 
its date, and the date of the commutation, pardon, or re- 
prieve. 

Section 19. — Extra Session of the General Assembly, and Con- 
vocation Elsewhere than at Seat of Government. 

The governor may, by proclamation on extraordinary 
occasions, convene the General Assembly at the seat of 
government, or at a different place, if that shall have be- 
come, since their last adjournment, dangerous from an 
enemy or contagious disease; and he shall specify in his 
proclamation the purpose for which they are convened; and 
no other business than that set forth therein shall be trans- 
acted until the same shall have been disposed of; after 
which they may, by a vote of two-thirds of all the members 
elected to both houses, entered upon their journals, re- 
main in session not exceeding fifteen days. 

* The word "commute" means to exchange. In law, it means to 
change one penalty or punishment from a greater to a less, as from 
death to so many years in the penitentiary. Hence, commutation is 
the changing of a punishment to one less severe. 



STATE OF ARKANSAS. 165 

Section 20. — Case of Disagreement in General Assembly, as 
to Time of Adjournment. 

In cases of disagreement between the two houses of the 
General Assembly, at a regular or special session, with 
respect to the time of adjournment, the governor may, if 
the facts be certified to him by the presiding officers of the 
two houses, adjourn them to a time not beyond the day of 
their next meeting; and on account of danger from an 
enemy or disease, to such other place of safety as he may 
think proper. 

Section 21. — Duties of Secretary of State — Superintendent 
of Public Instruction. 

The secretary of state shall keep a full and accurate 
record of all the official acts and proceedings of the gover- 
nor; and, when required, lay the same with all papers, 
minutes, and vouchers relating thereto, before either 
branch of the General Assembly. He shall also discharge 
the duties of superintendent of public instruction (Art. 169) 
until otherwise provided by law. 

Section 22. — Duties of Other Officers of Executive Depart- 
ment — Their Disqualification to hold Other Office — 
Vacancies in TJieir Offices. 

The treasurer of state, secretary of state, auditor of state, 
and attorney-general shall perform such duties as may be 
prescribed by law; they shall not hold any other office or 
commission, civil or military, in this State or under any 
State, or the United States, or any other power, at one and 
the same time; and in case of vacancy occurring in any of 
said offices, by death, resignation, or otherwise, the gover- 
nor shall fill said office by appointment for the unexpired 
term. 



166 CONSTITUTION OF THE 

Section 23. — Vacancies in Office not Elsewhere Provided. 

When any office, from any cause, may become vacant, 
and no mode is provided by the constitution and laws for 
filling such vacancy, the governor shall have the power to 
fill the same by granting a commission, which shall expire 
when the person elected to fill said office, at the next general 
election, shall be duly qualified. 

ARTICLE VII.— Judicial Department. (Arts. 125-152.) 

Section 1. — Judicial Poioer, where Tested — Establishment of 
Additional Courts. 

The judicial power of the State shall be vested in one 
supreme court; in circuit courts; in county and probate 
courts; and in justices of the peace. The General Assembly 
may also vest such jurisdiction as may be deemed neces- 
sary in municipal corporation courts, courts of common 
pleas, where established; and, when deemed expedient, may 
establish separate courts of chancery. (Art. 144.) 

Section 2. — Supreme Court — Chief Justice — Quorum. 

The supreme court shall be composed of three judges 
(Art. 149), one of whom shall be styled chief justice, and 
elected as such; any two of whom shall constitute a quorum, 
and the concurrence of two judges shall in every case, be 
necessary to a decision. 

Section 3. — Increase of Number of Judges of Supreme Court. 

"When the population of the State shall amount to one 
million, the General Assembly may, if deemed necessary, 
increase the number of judges (Art. 149) of the supreme 
court to five; and, on such increase, a majority of judges 
shall be necessary to make a quorum or a decision. 



STATE OF ARKANSAS. 167 

Section 4. — General Jurisdiction of Supreme Court — Jurisdic- 
tion of Individual Judges of Supreme Court. 

The supreme court, except in cases otherwise provided 
by this constitution, shall have appellate jurisdiction only; 
which shall be co-extensive with the State, under such re- 
strictions as may from time to time be prescribed by law. 
It shall have a general superintending control over all in- 
ferior courts of law and equity; and, in aid of its appellate 
and supervisory jurisdiction, it shall have power to issue 
writs of error and supersedeas, certiorari, habeas corpus, 
prohibition, mandamus, and quo loarranto, and other 
remedial writs; and to hear and determine the same. Its 
judges shall be conservators of the peace throughout the 
State, and shall severally have the power to issue any of the 
aforesaid writs. 

Section 5. — Jurisdiction of Supreme Court in Quo Warranto. 

In the exercise of original jurisdiction, the supreme 
court shall have power to issue writs of quo warranto to the 
circuit judges and chancellors, when created, and to officers 
of political corporations when the question involved is the 
legal existence of such corporations. 

Section 6. — Qualifications of Judges of Supreme Court — 
Election — Term of Office. 

A judge of the Supreme Court shall be at least thirty 
years of age, of good moral character, and learned in the law; 
a citizen of the United States, and two years a resident of 
the State; and who has been a practicing lawyer eight 
years, or whose service upon the bench of any court of 
record, when added to the time he may have practiced law, 
shall be equal to eight years. The judges of the supreme 
court shall be elected by the qualified electors of the State, 
and shall hold their offices during the term of eight years 
from the date of their commissions; but at the first meet- 
ing of the court, after the first election under this con- 



168 CONSTITUTION OF THE 

stitution, the judges shall, by lot, divide themselves into 
three classes; one of which shall hold his office for four, 
one for six, and the other for eight years; after which 
each judge shall be elected for a full term of eight years. 
A record shall be made in the court of this classification. 

Section 7. — Cleric and Reporter of Supreme Court — Term 
of Office. 

The supreme court shall appoint its clerk and reporter, 
who shall hold their offices for six years, subject to re- 
moval for good cause. 

Section 8. — Terms of Supreme Court. 

The terms of the supreme court shall be held at the seat 
of government, at the times that now are, or may be, pro- 
vided by law. 

Section 9. — Special Judges of Supreme Cour* 

In case all, or any, of the judges of the supreme court, 
shall be disqualified from presiding in any cause or causes, 
the court, or the disqualified judge, shall certify the same 
to the governor, who shall immediately commission the 
requisite number of men"' learned in the law, to sit in the 
trial and determination of such causes. 

Section 10. — Compensation of Supreme Judges — Disqualifica- 
tion to Hold Other Office. 

The supreme judges shall at stated times receive a com- 
pensation for their services to be ascertained by law, which 
shall not be, after the adjournment of the next General 
Assembly, diminished during the time for which they shall 
have been elected. They shall not be allowed any fees or 
perquisites of office, nor hold any other office, nor hold any 
Office of trust or profit under the State or the United States, 



STATE OF ARKANSAS. 169 

Section 11. — General Jurisdiction of Circuit Courts. 

The circuit court shall have jurisdiction in all civil and 
criminal cases, the exclusive jurisdiction of which may not 
he vested in some other court provided for by this consti- 
tution. 

Section 12. — Terms of Circuit Courts. 

The circuit courts shall hold their terms in each county, 
at such times and places as are, or may be, prescribed by 
law. 

Section 13. — Judicial Circuits — Judge of Circuit Court to 
Reside and he Conservator of Peace in His Circuit. 

The State shall be divided into convenient circuits, each 
circuit to be made up of contiguous counties, for each of 
which circuits a judge shall be elected; who, during his 
continuance in office, shall reside in and be a conservator 
of the peace within the circuit for which he shall have been 
elected. 

Section 14. — Superintending and Appellate Jurisdiction of 
Circuit Courts. 

The circuit courts shall exercise a superintending control 
and appellate jurisdiction over county, probate, court of 
common pleas, and corporation courts and justices of the 
peace; and shall have power to issue, hear, and determine 
all the necessary writs to carry into effect their general 
and specific powers, any of which writs may be issued upon 
order of the judge of the appropriate court in vacation. 

Section 15. — Equity Jurisdiction of Circuit Courts. 

Until the General Assembly shall deem it expedient to 
establish courts of chancery, the circuit courts shall have 
jurisdiction in matters of equity, subject to -appeal to the 
supreme court, in such manner as may be prescribed by law. 



170 CONSTITUTION OF THE 

Section 16. — Qualifications of Judges of Circuit Courts. 

A judge of the circuit court shall be a citizen of the United 
States, at least twenty-eight years of age, of good moral 
character, learned in the law, two years a resident of the 
State, and shall have practiced law six years, or whose 
service upon the bench of any court of record, when added 
to the time he may have practiced law, shall be equal to six 
years. 

Section 17. — Election of Judges of Circuit Courts — Term 
of Office. 

The judges of the circuit courts shall be elected by the 
qualified electors of the several circuits, and shall hold 
their offices for the term of four years. 

Section 18. — Compensation of Judges of Circuit Courts — 
Disqualification to Hold Other Office. 

The judges of the circuit courts shall at stated times re- 
ceive a compensation (Art. 149) for their services to be as- 
certained by law, which shall not, after the adjournment of 
the first session of the General Assembly, be diminished 
during the time for which they are elected. They shall not 
be allowed any fees or perquisites of office, nor hold any 
other office of trust or profit under this State or the United 
States. 

Section 19. — Clerks of Circuit Courts — Election — Term of 
Office — To be ex officio County and Probate Clerks and 
Recorders — Separate County Clerk in Certain Coun- 
ties — To Be ex officio Probate Clerk. 

The clerks of the circuit courts shall be elected by the 
qualified electors of the several counties, for the term of 
two years, and shall be ex officio clerks of the county and 
probate courts, and recorder. Provided, that in any county 
having a population exceeding fifteen thousand inhabitants, 
as shown by the last Federal census, there shall be elected. 



STATE OF ARKANSAS. , 171 

a county clerk, in like manner as clerk of the circuit court, 
who shall be ex officio clerk of the probate court of said 
county. 

Section 20. — Interest, Consanguinity, etc., to Disqualify 
Judge from Presiding at Trial. 

No judge or justice shall preside in the trial of any cause 
in the event of which he may be interested, or where either 
of the parties shall be connected with him by consanguinity 
or affinity, within such degree as may be prescribed by law; 
or in which he may have been of counsel; or have presided 
in any inferior court. 

Section 21. — Special Judges for Circuit Courts — Powers of 
Special Judges — Their Qualifications. 

Whenever the office of judge of the circuit court of any 
county is vacant at the commencement of a term of such 
court, or the judge of said court shall fail to attend, the 
regular practicing attorneys in attendance on said court 
may meet at 10 o'clock A. M. on the second day of the 
term and elect a judge to preside at such court, or until 
the regular judge shall appear; and if the judge of said 
court shall become sick, or die, or unable to continue to 
hold such court after its term shall have commenced, or 
shall from any cause be disqualified from presiding at the 
trial of any cause then pending therein, then the regular 
practicing attorneys in attendance on said court may in 
like manner, on notice from the judge or clerk of said court 
elect a judge to preside at such court, or to try said causes; 
and the attorney so elected shall have the same power and 
authority in said court as the regular judge would have had 
if present and presiding; but this authority shall cease at 
the close of the term at which the election shall be made. 
The proceedings shall be entered at large upon the record. 
The special judge shall be learned in the law, and a resi- 
dent of the State. 



172 CONSTITUTION OP THE 

Section 22. — Exchange of Circuits. 

The judges of the circuit courts may temporarily ex- 
change circuits, or hold courts for each other under such 
regulations as may be prescribed by law. 

Section 23. — Charges to Juries. 

Judges shall not charge juries with regard to matters of 
fact, but shall declare the law; and, in jury trials shall re- 
duce their charge or instructions to writing, on the request 
of either party. 

Section 24. — Prosecuting Attorneys — Term of Office— 
Qualifications. 

The qualified electors of each circuit shall elect a prose- 
cuting attorney, who shall hold his office for the term of 
two years; and he shall be a citizen of the United States, 
learned in the law, and a resident of the circuit court for 
which he may be elected. 

Section 25. — Judges Prohibited from Practice of Law. 

The judges of the supreme, circuit, or chancery courts 
shall not, during their continuance in office, practice law, or 
appear as counsel in any court, State or Federal, within 
this State. 

Section 26. — Contempts not in Presence of Court or Dis- 
obedience of Process. 

The General Assembly shall have power to regulate, by 
law, the punishment of contempts not committed in the 
presence or hearing of the courts, or in disobedience of 
process. 

Section 27. — Removal of County and Township Officers. 

The circuit court shall have jurisdiction upon informa- 
tion, presentment, or indictment, to remove any county or 



STATE OF ARKANSAS. 173 

township officer from office for incompetency, corruption, 
gross immorality, criminal conduct, malfeasance, mis- 
feasance, or nonfeasance in office. 

Section 28. — Jurisdiction of County Courts — County Court 
to Be Held oy One Judge. 

The county courts shall have exclusive original juris- 
diction in all matters relating to county taxes, roads, 
bridges, ferries, paupers, bastardy, vagrants, the appren- 
ticeship of minors, the disbursement of money for county 
purposes, and in every other case that may be necessary to 
the internal improvement and local concerns of the respec- 
tive counties. The county court shall be held by one judge, 
except in cases otherwise herein provided. 

Section 29. — Judges of County Courts — Election — Term of 
Office — Qualifications. 

The judge of the county court shall be elected by the 
qualified electors of the county, for the term of two years. 
He shall be at least twenty-five years of age, a citizen of 
the United States, a man of upright character, of good 
business education, and a resident of the State for two 
years before his election; and a resident of the county at 
the time of his election and during his continuance in office. 

Section 30. — Quorum of the County — Powers — Majority Must 
Sit — Compulsory Attendance. 

The justices of the peace of each county shaft sit with 
and assist the county judge in levying the county taxes, 
and in making appropriations for the expenses of the county, 
ia the manner to be prescribed by law (Art. 82); and the 
county judge, together with a majority of said justices, 
shall constitute a quorum for such purposes; and in the 
absence of the county judge a majority of the justices of 
the peace may constitute the court, who shall elect one of 



174 CONSTITUTION OF THE 

their number to preside. The General Assembly shall 
regulate by law the manner of compelling the attendance 
of such quorum. 

Section 31. — Terms of County Courts. 

The terms of the county courts (Art. 48) shall be held at 
the times that are now prescribed for holding the super- 
visors' courts, or may hereafter be prescribed by law. 

Section 32. — Courts of Common Pleas — Jurisdiction. 

The General Assembly may authorize the judge of the 
county court of any one or more counties, to hold severally 
a quarterly court of common pleas (Art. 148) in their re- 
spective counties; which shall be a court of record, with 
such jurisdiction in matters of contract and other civil mat- 
ters not involving title to real estate, as may be vested in 
such court. 

Section 33. — Appeals from County Courts and Courts of 
Common Pleas. 

Appeals from all judgments of county courts or courts 
of common pleas, when established, may be taken to the 
circuit court under such restrictions and regulations as 
may be prescribed by law. 

Section 34. — Courts of Probate — Jurisdiction — Terms. 

The judge of the county court shall be the judge of the 
court of probate, and have such exclusive original jurisdic- 
tion in matters relative to the probate of wills, the estates 
of deceased persons, executors, administrators, guardians, 
and persons of unsound mind, and their estates, as is now 
vested in the circuit court, or may be hereafter prescribed 
by law. The regular terms of the court of probate shall be 
held at the times that may hereafter be prescribed by law ? 



STATE OF ARKANSAS. 175 

Section 35. — Appeals from Probate Courts. 

Appeals may be taken from judgments and orders of the 
probate court to the circuit court, under such regulations 
and restrictions as may be prescribed by law. 

Section 36. — Special Judges for County and Probate Courts. 

Whenever a judge of the county or probate court may be 
disqualified from presiding, in any cause or causes pending 
in his court, he shall certify the facts to the governor of 
the State, who shall thereupon commission a special judge 
to preside in such cause or causes during the time said dis- 
qualification may continue, or until such cause or causes 
may be finally disposed of. 

Section 37. — Compensation of County Judge — His Jurisdiction 
in Absence of Circuit Judge from County, 

The county judge shall receive such compensation (Art. 
50) for his services as presiding judge of the county court, as 
judge of the court of probate, and judge of the court of com- 
mon pleas, when established, as may be provided by law. In 
the absence of the circuit judge from the county the county 
judge shall have power to issue orders for injunction and 
other provisional writs in their counties, returnable to the 
court having jurisdiction: Provided, that either party may 
have such order reviewed by any superior judge in vacation 
in such manner as shall be provided by law. The county 
judge shall have power, in the absence of the circuit judge 
from the county, to issue, hear, and determine writs of 
habeas corpus, under such regulations and restrictions as 
shall be provided by law. 

Section 38. — Justices of the Peace — Term of Office — 
Commission. 

The qualified electors of each township shall elect the 
justices of the peace for the term of two years; who shall 



176 CONSTITUTION OF THE 

be commissioned by the governor, and their official oath 
shall be indorsed on the commission. 

Section 39. — Number of Justices of the Peace. 

For every two hundred electors there shall be elected one 
justice of the peace; but every township, however small, 
shall have two justices of the peace. 

Section 40. — Jurisdiction of Justices of the Peace — 1st, Ex- 
clusive of Circuit Court — 2d, Concurrent with Circuit 
Court — 3d, In Misdemeanors — 4th, As Examining Courts, 
and in Binding to Keep the Peace — 5th, To Issue Pro- 
cess — 6th, As Conservators of the Peace — Denied Juris- 
diction in Questions of Land. 

They shall have original jurisdiction in the following 
matters: First, Exclusive of the circuit court, in all mat- 
ters of contract where the amount in controversy does not 
exceed the sum of one hundred dollars, excluding interest; 
and concurrent jurisdiction in matters of contract where 
the amount in controversy does not exceed the sum of three 
hundred dollars, exclusive of interest. Second, Concurrent 
jurisdiction in suits for the recovery of personal property, 
where the value of the property does not exceed the sum 
of three hundred dollars; and in all matters of damage to 
personal property where the amount in controversy does 
not exceed the sum of one hundred dollars. Third, Such 
jurisdiction of misdemeanors as is now, or may be pre- 
scribed by law. Fourth, To sit as examining courts and 
commit, discharge, or recognize offenders to the court 
having jurisdiction, for further trial; and to bind persons 
to keep the peace or for good behavior. Fifth, For the 
foregoing purposes, they shall have power to issue all neces- 
sary process. Sixth, They shall be conservators of the peace 
within their respective counties: Provided, a justice of the 
peace shall not have jurisdiction where a lien on land, or 
title or possession thereto, is involved. 



STATE OF ARKANSAS. 177 

Section 41. — Qualifications of Justices of the Peace. 

A justice of the peace shall be a qualified elector and a 
resident of the township for which he is elected. 

Section 42. — Appeals from Justices of the Peace. 

Appeals may be taken from the final judgments of the 
justices of the peace, to the circuit courts, under such 
regulations as are now, or may be provided by law. 

Section 43. — Jurisdiction of Corporation Courts. 

Corporation courts, for towns and cities, may be invested 
with jurisdiction concurrent with justices of the peace in 
civil and criminal matters, and the General Assembly may 
invest such of them as it may deem expedient with juris- 
diction of any criminal offences not punishable by death, 
or imprisonment in the penitentiary, with or without indict- 
ment, as may be provided by law; and, until the General 
Assembly shall otherwise provide, they shall have the juris- 
diction now provided by law. 

Section 44. — Pulaski Chancery Court — Term of Office of 
Judge and Cleric — Election — Proceedings Relative to 
Sixteenth-Section Lands. 

The Pulaski chancery court shall continue in existence 
until abolished by law, or the business pending the adop- 
tion of this constitution shall be disposed of, or the pending 
business be transferred to other courts. The judge and 
clerk of said court shall hold office for the term of two 
years; and shall be elected by the qualified voters of the 
State. All suits and proceedings which relate to sixteenth- 
section lands, or to money due for said lands shall be trans- 
ferred to the respective counties, where such lands are 
located, in such manner as shall be provided by the General 
Assembly at the next session. 
12 



178 CONSTITUTION OF THE 

Section 45. — Separate Criminal Courts Abolished — Their 
Jurisdiction Transferred to Circuit Courts — Their Records. 

The separate criminal courts established in this State 
are hereby abolished, and all the jurisdiction exercised by 
said criminal courts is vested in the circuit courts of the 
respective counties; and all causes now pending therein 
are hereby transferred to said circuit courts respectively. 
It shall be the duty of the clerks of said criminal courts 
to transfer all the records, books, and papers pertaining to 
said criminal courts to the circuit courts of their respective 
counties. 

Section 46.— County Executive Officers — Term of Office — 
Compensation of' Assessors. 

The qualified electors of each county shall elect one 
sheriff, who shall be ex officio collector of taxes, unless other- 
wise provided by law (Art. 57); one assessor, one coroner, 
one treasurer, who shall be ex officio treasurer of the com- 
mon-school fund of the county, and one county surveyor, 
for the term of two years, with such duties as are now or 
may be prescribed by law: Provided, that no per centum 
shall ever be paid to assessors upon the valuation or assess- 
ment of property by them. 

Section 47. — Constables — Their Commissions. 

The qualified electors of each township shall elect a con- 
stable, for the term of two years, who shall be furnished 
by the presiding judge of the county court, with a certifi- 
cate of election, on which his official oath shall be indorsed. 

Section 48. — Commissions of Officers. 

All officers provided for in this article, except constables, 
shall be commissioned by the governor. 

Section 49. — Style of Process and Indictments. 

All writs and other judicial process, shall run in the 
name of the State of Arkansas, bear test, and be signed by 



STATE OF AKEANSAS. 179 

the clerks of the respective courts from which they issue. 
Indictments shall conclude: " Against the peace and dignity 
of the State of Arkansas." 

Section 50. — Vacancies in Offices Provided for in Art. VII. 

All vacancies (Art. 38) occurring in any office provided for 
in this article, shall be filled by special election; save that 
in case of vacancies occurring in county and township offices 
six months, and in other offices nine months, before the next 
general election, such vacancies shall be filled by appoint- 
ment by the governor. 

Section 51. — Appeals in Case of Allowances for or Against 
Counties, Cities, or Towns — Appeal Bond. 

That in all cases of allowances made for or against coun- 
ties, cities, or towns, an appeal shall lie to the circuit court 
of the county, at the instance of the party aggrieved, or on 
the intervention of any citizen or resident and tax-payer 
of such county, city, or town, on the same terms and condi- 
tions on which appeals may be granted to the circuit court 
in other cases; and the matter pertaining to any such allow- 
ance shall be tried in the circuit court de novo. In case an 
appeal be taken by any citizen, he shall give a bond, pay- 
able to the proper county, conditioned to prosecute the 
appeal, and save the county from costs on account of the 
same being taken. 

Section 52. — Contested Elections for County, Township, or 
Municipal Offices. 

That in all cases of contest for any county, township, or 
municipal office, an appeal shall lie at the instance of the 
party aggrieved, from any inferior board, council, or tribu- 
nal to the circuit court, on the same terms and conditions 
on which appeals may be granted to the circuit court in 
other cases, and on such appeals the case shall be tried 
de novo. 



180' CONSTITUTION OF THE 

ARTICLE VIII. — Apportionment. (Art. 93.) 

Section 1. — Number of Representatives — Ratio of Represen- 
tation — Apportionment of Representatives. 

The House of Representatives shall consist of not less 
than seventy-three, nor more than one hundred members. 
Each county now organized shall always be entitled to one 
representative; the remainder to be apportioned to the 
several counties according to the number of adult male in- 
habitants, taking two thousand as the ratio, until the num- 
ber of representatives amounts to one hundred, when they 
shall not be further increased, but the ratio of representa- 
tion shall, from time to time, be increased as hereinafter 
provided; so that the representatives shall never exceed 
that number. And until the enumeration of the inhabitants 
is taken by the United States government A. 0. 1880, the 
representatives shall be apportioned among the several 
counties as follows: 

The county of Arkansas shall elect one representative. 
The county of Ashley shall elect one representative. The 
county of Benton shall elect two representatives. The 
county of Boone shall elect one representative. The county 
of Bradley shall elect one representative. The county of 
Baxter shall elect one representative. The county of Cal- 
houn shall elect one representative. The county of Carroll 
shall elect one representative. The county of Chicot shall 
elect one representative. The county of Columbia shall 
elect two representatives. The county of Clark shall elect 
two representatives. The county of Conway shall elect 
one representative. The county of Craighead shall elect 
one representative. The county of Crawford shall elect one 
representative. The county of Cross shall elect one repre- 
sentative. The county of Crittenden shall elect one repre- 
sentative. The county of Clayton shall elect one represen- 
tative. The county of Dallas shall elect one representative. 
The county of Desha shall elect one representative. The 
county of Drew shall elect one representative. The county 



STATE OF ARKANSAS. 181 

' of Dorsey shall elect one representative. The county of 
Franklin shall elect one representative. The county of 
Fulton shall elect one representative. The county of 
Faulkner shall elect one representative. The county of 
Grant shall elect one representative. The county of Greene 
shall elect one representative. The county of Garland shall 
elect one representative. The county of Hempstead shall 
elect two representatives. The county of Hot Springs shall 
elect one representative. The county of Howard shall elect 
one representative. The county of Independence shall elect 
two representatives. The county of Izard shall elect one 
representative. The county of Jackson shall elect one 
representative. The county of Jefferson shall elect three 
representatives. The county of Johnson shall elect one 
representative. The county of Lafayette shall elect one 
representative. The county of Lawrence shall elect one 
representative. The county of Little River shall elect 
one representative. The county of Lonoke shall elect two 
representatives. The county of Lincoln shall elect one rep- 
resentative. The county of Lee shall elect two representa- 
tives. The county of Madison shall elect one representative. 
The county of Marion shall elect one representative. The 
county of Monroe shall elect one representative. The 
county of Montgomery shall elect one representative. The 
county of Mississippi shall elect one representative. The 
county of Nevada shall elect one representative. The county 
of Newton shall elect one representative. The county of 
Ouachita shall elect two representatives. The county of 
Perry shall elect one representative. The county of Phillips 
shall elect three representatives. The county of Pike shall 
elect one representative. The county of Polk shall elect 
one representative. The county of Pope shall elect one 
representative. The county of Poinsett shall elect one rep- 
sentative. The county of Pulaski shall elect four represen- 
tatives. The county of Prairie shall elect one representative. 
The county of Randolph shall elect one representative. 
The county of Saline shall elect one representative . The 



182 1 CONSTITUTION OF THE 

county of Sarber shall elect one representative. The county 
of Scott shall elect one representative. The county of 
Searcy shall elect one representative. The county of Sebas- 
tian shall elect two representatives. The county of Sevier 
shall elect one representative. The county of St. Francis 
shall elect one representative. The county of Stone shall 
elect one representative. The county of Union shall elect 
two representatives. The county of Van Buren shall elect 
one representative. The county of Washington shall elect 
three representatives. The county of White • shall elect 
two representatives. The county of Woodruff shall elect 
one representative. The county of Yell shall elect one 
representative. The county of Sharp shall elect one repre- 
sentative. 

Section 2. — Division of State into Senatorial Districts — Ratio 
of Representation in Senate — Present Senatorial Districts 
and Apportionment of Senators — Number of Senators. 

The Legislature shall, from time to time, divide the State 
into convenient senatorial districts (Art. 102) in such man- 
ner that the Senate shall be based upon the adult male in- 
habitants of the State; each senator representing an equal 
number as nearly as practicable, and until the enumeration 
of the inhabitants is taken by the United States govern- 
ment A. D. 1880, the districts shall be arranged as follows: 

The counties of Greene, Craighead, and Clayton shall com- 
pose the first district, and elect one senator. 

The counties of Randolph, Lawrence, and Sharp shall 
compose the second district, and elect one senator. 

The counties of Carroll, Boone, and Newton shall com- 
pose the third district, and elect one senator. 

The counties of Johnson and Pope shall compose the 
fourth district, and elect one senator. 

The county of Washington shall compose the fifth dis- 
trict, and elect one senator. 

The counties of Independence and Stone shall compose 
the sixth district, and elect one senator. 



STATE OF ARKANSAS. 183 

The counties of Woodruff, St. Francis, Cross, and Crit- 
tenden shall compose the seventh district, and elect one 
senator. 

The counties of Yell and Sarber shall compose the eighth 
district, and elect one senator. 

The counties of Saline, Garland, Hot Springs, and Grant 
shall compose the ninth district, and elect one senator. 

The counties of Pulaski and Perry shall compose the 
tenth district, and elect two senators. 

The county of Jefferson shall compose the eleventh dis- 
trict, and elect one senator. 

The counties of Lonoke and Prairie shall compose the 
twelfth district, and elect one senator. 

The counties of Arkansas and Monroe shall compose the 
thirteenth district, and elect one senator. 

The counties of Phillips and Lee shall compose the four- 
teenth district, and elect one senator. 

The counties of Desha and Chicot shall compose the 
fifteenth district, and elect one senator. 

The counties of Lincoln, Dorsey, and Dallas shall com- 
pose the sixteenth district, and elect one senator. 

The counties of Drew and Ashley shall compose the 
seventeenth district, and elect one senator. 

The counties of Bradley and Union shall compose the 
eighteenth district, and elect one senator. 

The counties of Calhoun and Ouachita shall compose the 
nineteenth district, and elect one senator. 

The counties of Hempstead and Nevada shall compose 
the twentieth district, and elect one senator. 

The counties of Columbia and Lafayette shall compose 
the twenty-first district, and elect one senator. 

The counties of Little River, Sevier, Howard, and Polk 
shall compose the twenty-second district, and elect one 
senator. 

The counties of Fulton, Izard, Marion, and Baxter shall 
compose the twenty-third district, and elect one senator. 



184 CONSTITUTION OF THE 

The counties of Benton and Madison shall compose the 
twenty-fourth district, and elect one senator. 

The counties of Crawford and Franklin shall compose the 
twenty-fifth district, and elect one senator. 

The counties of Van Buren, Conway, and Searcy shall 
compose the twenty-sixth district, and elect one senator. 

The counties of White and Faulkner shall compose the 
twenty-seventh district, and elect one senator. 

The counties of Sebastian and Scott shall compose the 
twenty-eighth district, and elect one senator. 

The counties of Poinsett, Jackson, and Mississippi shall 
compose the twenty-ninth district, and elect one senator. 

The counties of Clark, Pike, and Montgomery shall com- 
pose the thirtieth district, and elect one senator. 

And the Senate shall never consist of less than thirty nor 
more than thirty-five members. (Art. 101.) 

Section 3. — Principles of Formation of Senatorial Districts. 

Senatorial districts shall at all times consist of con- 
tiguous territory, and no county shall be divided in the 
formation of a senatorial district. 

Section 4. — Apportionments — When to be Made. 

The division of the State into senatorial districts, and the 
apportionment of representatives to the several counties, 
shall be made by the General Assembly at the first regular 
session after each enumeration of the inhabitants of the 
State by the Federal or State governments shall have been 
ascertained, and at no other time. 

ARTICLE IX.— Exemption. 

Section 1. — Exemption of Personal Property of Persons 
Other than Heads of Families, from Seizure for Debt. 

The personal property of any resident of this State, who 
is not married or the head of a family, in specific articles 



STATE OF ARKANSAS. 185 

to be selected by such, resident, not exceeding in value the 
sum of two hundred dollars, in addition to his or her 
wearing apparel, shall be exempt from seizure on attach- 
ment, or sale on execution or other process from any court 
issued for the collection of any debt by contract: Pro- 
vided, that no property shall be exempt from execution for 
debts contracted for the purchase money therefor while 
in the hands of the vendee. 

Section 2. — Exemption of Personal Property of Heads of j 
Families. 

The personal property of any resident of this State, who 
is married or the head of a family, in specific articles to be 
selected by such resident, not exceeding in value the sum 
of five hundred dollars, in addition to his or her wearing 
apparel, and that of his or her family, shall be exempt 
from seizure on attachment, or sale on execution or other 
process from any court, on debt by contract. 

Section 3. — Homestead Exemption. 

The homestead of any resident of this State, who is mar- 
ried or the head of a family, shall not be subject to the 
lien of any judgment or decree of any court, or to sale 
under execution, or other process thereon, except such as 
may be rendered for the purchase money, or for specific 
liens, laborers' or mechanics' liens for improving the same, 
or for taxes, or against executors, administrators, guar- 
dians, receivers, attorneys for moneys collected by them, 
and other trustees of an express trust, for moneys due 
from them in their fiduciary capacity. 

Section 4. — Extent of Exemption of Homestead Situate 
Outside City, Town, or Tillage. 

The homestead outside any city, town, or village, owned 
and occupied as a residence, shall consist of not exceed- 
ing one hundred and sixty acres of land, with the improve- 



186 



CONSTITUTION OF THE 



ments thereon, to be selected by the owner: Provided, the 
same shall not exceed in value the sum of twenty-five hun- 
dred dollars, and in no event shall the homestead be re- 
duced to less than eighty acres, without regard to value. 

Section 5.— -Extent of Exemption of Homestead in City, 
Town, or Village. 

The homestead in any city, town, or village, owned and 
occupied as a residence, shall consist of not exceeding one 
acre of land, with the improvements thereon, to be selected 
by the owner: Provided, the same shall not exceed in value 
the sum of two thousand five hundred dollars., and in no 
event shall such homestead be reduced to less than one- 
quarter of an acre of land, without regard to value. 

Section 6. — Homestead Exemption for Benefit of Widow — 
Proviso — Rights of Children During Minority. 

If the owner of a homestead die, leaving a widow, but 
no children, and said widow has no separate homestead in 
her own right, the same shall be exempt, and the rents and 
profits thereof shall vest in her during her natural life: 
Provided, that if the owner leaves children, one or more, 
said child or children shall share with said widow, and 
be entitled to half the rents and profits till each of them 
arrives at twenty-one years of age— each child's rights to 
cease at twenty-one years of age, and the shares to go to the 
younger children; and then all go to the widow: And pro- 
vided, that said widow or children may reside on the home- 
stead -or not. And in case of the death of the widow, all 
of said homestead shall be vested in the minor children of 
the testator or intestate. 



Section 7. — Separate Property of Married Women. 

The real and personal property of any femme covert in 
this State, acquired either before or after marriage, whether 
by gift, grant, inheritance, devise or otherwise, shall, so 



STATE OF ARKANSAS. 187 

long as she may choose, be and remain her separate estate 
and property, and may be devised, bequeathed, or con- 
veyed by her the same as if she were a femme sole, and the 
same shall not be subject to the debts of her husband. 

Section 8. — Scheduling of Separate Personal Property of 
Married Women. 

The General Assembly shall provide for the time and 
mode of scheduling the separate personal property of mar- 
ried women. 

Section 9. — Effect of Exemptions of Constitution of 1868. 

The exemptions contained in the Constitution of 1868 
shall apply to all debts contracted since the adoption 
thereof, and prior to the adoption of this constitution. 

Section 10. — Homestead Exemption for Benefit of Minor 
Orphan Children. 

The homestead provided for in this article shall inure 
to the benefit of the minor children, under the exemptions 
herein provided, after the decease of the parents. 

ARTICLE X. — Agriculture, Mining, and Manufacture. 

Section 1. — Agricultural, Mining, and Manufacturing Interests 
of State — Mining, Manufacturing, and Agricultural Bureau. 

The General Assembly shall pass such laws as will foster 
and aid the agricultural, mining, and manufacturing in- 
terests of the State, and may create a bureau to be known 
as the Mining, Manufacturing and Agricultural Bureau. 
(Art. 171.) 

Section 2. — State Geologist — Term of Office — Duties — Com- 
pensation — Removal. 

The General Assembly, when deemed expedient, may 
create the office of State geologist (Art. 173), to be appointed 



188 



CONSTITUTION OF THE 



by the governor, by and with the advice and consent of the 
Senate, who shall hold his office for such time, and perform 
such duties, and receive such compensation as may be pre- 
scribed by law: Provided, that he shall be at all times sub- 
ject to removal by the governor for incompetency or gross 
neglect of duty. 



Section - 3. — Exemption from Taxation, of Mines and 
Manufactures. 

The General Assembly may, by general law, exempt from 
taxation for the term of seven years from the ratification of 
this constitution the capital invested in any or all kinds 
of mining and manufacturing business in this State, under 
such regulations and restrictions as may be prescribed 
by law. 

ARTICLE XI.— Militia. 

Section 1. — Persons Liable to Military Duty—Organization 
of Militia. <*, 

The militia shall consist of all able-bodied male persons, 
residents of the State, between the ages of eighteen and 
forty-five years; except such as may be exempted by the 
laws of the United States or this State; and shall be or- 
ganized, officered, armed and equipped and trained in such 
manner as may be provided by law. 

Section 2. — Volunteer Companies. 

Volunteer companies of infantry, cavalry, or artillery may 
be formed in such manner and with such restrictions as 
may be provided by law. 

Section 3. — Privilege of Militia from Arrest, at Muster, etc. 

The volunteer and militia forces shall in all cases (except 
treason, felony, and breach of the peace) be privileged from 
arrest during their attendance at muster and the election 
of officers, and in going to and returning from the same. 



STATE OF ARKANSAS. 189 

Section 4. — Authority to Call Ovt Volunteers and Militia. 

The governor shall, when the General Assembly is not 
in session, have power to call out the volunteers or militia, 
or both, to execute the laws, repel invasion, repress insur- 
rection, and preserve the public peace, in such manner as 
may be authorized by law. 

ARTICLE XII. — Municipal and Peivate Corporations. 
(Art. 175.) 

Section 1. — Revocation of Existing Charters and Grants, 
for Non-User. 

All existing charters or grants of special or exclusive 
privileges under which a bona flde organization shall not 
have taken place and business been commenced in good 
faith, at the time of the adoption of this constitution, shall 
thereafter have no validity. 

Section 2. — Limitation of Power of Incorporation, by 
Special Act. 

The General Assembly shall pass no special act confer- 
ring corporate powers except for charitable, educational, 
penal, or reformatory purposes, where the corporations 
created are to be and remain under the patronage and con- 
trol of the State. 

Section 3. — Incorporation of Cities and Towns — Restriction 
of Powers. 

The General Assembly shall provide, by general laws, for 
the organization of cities (which may be classified) and in- 
corporated towns; and restrict their power of taxation, 
assessment, borrowing money, and contracting debts, so as 
to prevent the abuse of such power. 



190 CONSTITUTION OF THE 

Section 4. — Limitation of Legislative Power of Municipal 
Corporations, and of Their Power of Taxation — Pay- 
ment of Existing Indebtedness. 

No municipal corporation shall be authorized to pass any 
laws contrary to the general laws of the State; nor levy 
any tax on real or personal property to a greater extent, 
in one year, than five mills ^on the dollar of the assessed 
value of the same: Provided, that to pay indebtedness 
existing at the time of the adoption of this constitution, 
an additional tax of not more than five mills on the dollar 
may be levied. 

Section 5. — Municipal Corporations Not to Become Stock- 
holders, or Financially Assist Corporations, etc. 

No county, city, town, or municipal corporation, shall 
become a stockholder in any company, association, or cor- 
poration; or obtain or appropriate money for, or loan its 
credit to, any corporation, assosciation, institution, or 
individual. 

Section 6. — General Incorporation Laws — Power of Altera- 
tion and Revocation. 

Corporations may be formed under general laws, which 
laws may, from time to time, be altered or repealed. The 
General Assembly shall have the power to alter, revoke, 
or annul any charter of incorporation now existing and 
revocable at the adoption of this constitution, or any that 
may hereafter be created, whenever, in their opinion, it 
may be injurious to the citizens of this State; in such 
manner, however, that no injustice shall be done the cor- 
porators. 

Section 7. — State Not to be Interested in Stoclc of Corpora- 
tions, etc. 

Except as herein provided, the State shall never become 
a stockholder in, or subscribe to, or be interested in the 
stock of any corporation or association, 



STATE OF ARKANSAS. 191 

Section 8. — Issue and Increase of Stock, etc., of Private 
Corporations. 

No private corporation shall issue stocks or bonds, except 
for money or property actually received, or labor done; 
and all fictitious increase of stock or indebtedness shall 
be void; nor shall the stock or bonded indebtedness of 
any private corporation be increased, except in pursuance 
of general laws, nor until the consent of the persons hold- 
ing the larger amount, in value, of stock, shall be obtained 
at a meeting held after notice given for a period not less 
than sixty days, in pursuance of law. 

Section 9. — Compensation of Property and Right of Way, 
Taken for Use of Corporations. 

No property, nor right of way, shall be appropriated to 
the use of any corporation, until full compensation therefor 
shall first be made to the owner in money; or first secured 
to him by a deposit of money; which compensation, irre- 
spective of any benefit from any improvement proposed by 
such corporation, shall be ascertained by a jury of twelve 
men, in a court of competent jurisdiction, as shall be pre- 
scribed by law. 

Section 10. — Legislation Authorizing Issue of Circulating 
Paper Prohibited. 

No act of the General Assembly shall be passed au- 
thorizing the issue of bills, notes, or other paper which 
may circulate as money. 

Section 11. — Foreign Corporations. 

Foreign corporations may be authorized to do business 
in this State, under such limitations and restrictions as may 
be prescribed by law: Provided, that no such corporation 
shall do any business in this State, except while it main- 
tains therein one or more known places of business, and 
an authorized agent or agents in the same, upon whom pro- 



192 CONSTITUTION OF THE 

cess may be served; and, as to contracts made or business 
done in this State, they shall be subject to the same regu- 
lations, limitations, and liabilities as like corporations of 
this State; and shall exercise no other or greater powers, 
privileges, or franchises than may be exercised by like 
corporations of this State; nor shall they have power to 
condemn or appropriate private property. 

Section 12. — State Not to Assume Liabilities of Counties or 
Corporations — Exceptions — Indebtedness of Corporations 
to State. 

Except as herein otherwise provided, the State shall never 
assume, or pay the debt or liability of any county, town, 
city, or other corporation whatever; or any part thereof; 
unless such debt or liability shall have been created to 
repel invasion, suppress insurrection, or to provide for the 
public welfare and defence. Nor shall the indebtedness of 
any corporation to the State ever be released, or in any 
manner discharged save by payment into the public 
treasury. 

ARTICLE XIII. 

Counties, County Seats, and County Lines. 

Section 1. — Minimum Limits of Counties Prescribed — 
Exceptions. 

No county now established shall be reduced to an area 
of less than six hundred square miles nor to less than five 
thousand inhabitants; nor shall any new county be estab- 
lished with less than six hundred square miles and five 
thousand inhabitants: Provided, that this section shall not 
apply to the counties of Lafayette, Pope, and Johnson, nor 
be so construed as to prevent the General Assembly from 
changing the line between the counties of Pope and Johnson. 



STATE OF AKKANSAS. 193 

Section 2.— Consent of Voters of Territory Affected, Requisite 
to Change County Lines. 

No part of a county shall be taken off to form a new 
county, or a part thereof, without the consent of a majority 
of the voters in such part proposed to be taken off. 

Section 3. — Changes of County Seats — County Seats of New 
Counties. 

No county seat shall be established or changed without 
the consent of a majority of the qualified voters of the 
county to be affected by such change, nor until the place 
at which it is proposed to establish or change such county 
seat shall be fully designated: Provided, that, in forma- 
tion of new counties, the county seat may be located tem- 
porarily by provisions of law. 

Section 4. — Lines of New Counties. 

In the formation of new counties, no line thereof shall 
run within ten miles of the county seat of the county pro- 
posed to be divided, except the county seat of Lafayette 
county. 

Section 5. — Division of Sebastian County into Two Districts. 

Sebastian county may have two districts, and two county 
seats at which county, probate, and circuit courts shall 
be held as may be provided by law, each district paying its 
own expenses. 

ARTICLE XIV.— Education. (Aet. 16.) 

Section 1. — Free School System. 

Intelligence and virtue being the safeguards of liberty, 
and the bulwark of a free and good government, the State 
shall ever maintain a general, suitable, and efficient sys- 
tem of free schools, whereby all persons in the State, be- 
tween the ages of six and twenty-one years, may receive 
gratuitous instruction. 

13 



194 CONSTITUTION OF THE 

Section 2. — School Funds to be Used Exclusively for Purposes 
for Which Set Apart. 

No money or property belonging to the public school 
fund, or to this State, for the benefit of schools or uni- 
versities, shall ever be used for any other than for the 
respective purposes to which it belongs. 

Section 3.— State School Tax— Poll Tax for School Fund- 
School District Tax. 

The General Assembly shall provide, by general laws, for 
the support of common schools by taxes (Art. 18), which 
shall never exceed in any one year two mills on the dollar 
on the taxable property of the State; and by an annual per 
capita tax of one dollar, to be assessed on every male in- 
habitant of this State over the age of twenty-one years: 
Provided, the General Assembly may, by general law, au- 
thorize school districts to levy, by a vote of the qualified 
electors of such district, a tax not to exceed five mills on 
the dollar in any one year for school purposes: Provided, 
further, that no such tax shall be appropriated to any other 
purpose, nor to any other district than that for which it 
was levied. 

Section 4. — Supervision of Public Schools, Etc. 

The supervision of public schools, and the execution of 
the laws regulating the same, shall be vested in, and con- 
fided to, such officers as may be provided for by the General 
Assembly. (Arts. 76 and 169.) 

ARTICLE XV. — Impeachment and Addeess. 

Section 1. — Impeachments — Judgment. 

The governor and all State officers, judges of the supreme 
and circuit courts, chancellors, and prosecuting attorneys, 
shall be liable to impeachment for high crimes and misde- 
meanors, and gross misconduct in office; but the judgment 



STATE OF ARKANSAS. 195 

shall go no further than removal from office and disquali- 
fication to hold any office of honor, trust, or profit under 
this State. An impeachment, whether successful or not, 
shall be no bar to an indictment. 

Section 2. — Power of Impeachment. 

The House of Representatives shall have the sole power 
of impeachment. All impeachments shall be tried by the 
Senate. When sitting for that purpose, the senators shall 
be upon oath or affirmation; no person shall be convicted 
without the concurrence of two-thirds of the members 
thereof. The chief justice shall preside, unless he is im- 
peached or otherwise disqualified, when the Senate shall 
elect a presiding officer. 

Section 3. — Removal upon Address. 

The governor, upon the joint address of two-thirds of the 
members elected to each house of the General Assembly, 
for good cause, may remove the auditor, treasurer, secre- 
tary of state, attorney-general, judges of the supreme and 
circuit courts, chancellors, and prosecuting attorneys. 

ARTICLE XVI.— Finance and Taxation. (Art. 79.) 

Section 1. — Loan of Public Credit, and Issue of Interest- 
Bearing Evidences of Public Indebtedness, Except to Pay 
Present Debt, Prohibited. 

Neither the State, nor any city, county, town, or other 
municipality in this State, shall ever loan its credit for 
any purpose whatever. Nor shall any county, city, town, 
or municipality ever issue any interest-bearing evidences 
of indebtedness; except such bonds as may be authorized 
by law to provide for, and secure the payment of, the present 
existing indebtedness. And the State shall never issue any 
interest-bearing treasury warrants or scrip. 



196 CONSTITUTION OF THE 

Section 2. — Payment of State Debt. 

The General Assembly shall, from time to time, provide 
for the payment of all just and legal debts of the State. 

Section 3. — Misappropriation of Public Moneys. 

The making of profit out of public moneys or using the 
same for any purpose not authorized by law, by any officer 
of the State or member or officer of the General Assembly, 
shall be punishable as may be provided by law; but part of 
such punishment shall be disqualification to hold office in 
this State for a period of five years. 

Section 4. — Salaries and Fees — Clerks, etc., of Departments 
of State. 

The General Assembly shall fix the salaries and fees of all 
officers in the State; and no greater salary or fee than that 
fixed by law shall be paid to any officer, employee, or other 
person, or at any rate other than par value; and the num- 
ber and salaries of the clerks and employees of the different 
departments of the State shall be fixed by law. 

Section 5. — Uniform Rule of Taxation — Taxation of Privileges, 
etc. — Property Exempt from Taxation. 

All property subject to taxation shall be taxed according 
to its value (Art. 65); that value to be ascertained in such 
manner as the General Assembly shall direct, making the 
same equal and uniform throughout the State. No one spe- 
cies of property from which a tax may be collected shall be 
taxed higher than another species of property Of equal 
value: Provided, the General Assembly shall have power, 
from time to time, to tax hawkers, peddlers, ferries, ex- 
hibitions, and privileges, in such manner as may be deemed 
proper: Provided, further, that the following property shall 
be exempt from taxation: Public property used exclusively 
for public purposes; churches used as such; cemeteries 



STATE OF ARKANSAS. 197 

Used exclusively as such; school buildings and apparatus; 
libraries and grounds used exclusively for school purposes; 
and buildings and grounds and materials used exclusively 
for public charity. 

Section Q.-^Exemption by Statutory Enactment, Void. 

All laws exempting property from taxation other than 
as provided in this constitution shall be void. 

Section 7. — Taxation of Corporate Propei'ty. 

The power to tax corporations and corporate property 
shall not be surrendered or suspended by any contract or 
grant to which the State may be a party. 

Section 8. — Maximum Rate of State Taxes. 

The General Assembly shall not have power to levy State 
taxes for any one year to exceed, in the aggregate, one per 
cent, of the assessed valuation of the property of the State 
for that year. 

Section 9. — Maximum Rate of County Taxes. 

No county shall levy a tax to exceed one-half of one per 
cent, for all purposes; but may levy an additional one-half 
of one per cent, to pay indebtedness existing at the time 
of the ratification of this constitution. 

Section 10. — County and Municipal Taxes, in what Payable. 

The taxes of counties, towns, and cities shall only be 
payable in lawful currency of the United States, or the 
orders or warrants of said counties, towns, and cities re- 
spectively. 

Section 11. — Levy and Specific Appropriation of Taxes. 

No tax shall be levied except in pursuance of law; and 
every law imposing a tax shall state distinctly the object 
of the same; and no moneys arising from a tax levied for 
one purpose shall be used for any other purpose. 



198 CONSTITUTION OF THE 

Section 12. — Disbursements. 

No money shall be paid out of the treasury until the same 
shall have been appropriated by law, and then only in ac- 
cordance with said appropriation. 

Section 13. — Right of Citizen to Sue in Behalf of Inhabitants 
of County or Municipality. 

Any citizen of any county, city, or town may institute 
suit, in behalf of himself and all others interested, to pro- 
tect the inhabitants thereof against the enforcement of 
any illegal exactions whatever. 

ARTICLE XVII.— Railkoads, Canals, and Tuknpikes. 

Section 1. — Railroads, etc., Public Highways — Transportation 
Companies Common Carriers — Right to Construct Rail- 
roads — Intersection and Connection of Railroads. 

All railroads, canals, and turnpikes shall be public high- 
ways, and all railroads and canal companies shall be com- 
mon carriers. Any association or corporation, organized 
for the purpose, shall have the right to construct and 
operate a railroad between any points within this State, 
and to connect at the State line with railroads of other 
States. Every railroad company shall have the right with 
its road to intersect, connect with, or cross any other road, 
and shall receive and transport, each the other's passengers, 
tonnage, and cars, loaded or empty, without delay or dis- 
crimination. 

Section 2. — Transportation Companies to Maintain Office in 
State — Transfers of Stock — Books. 

Every railroad, canal, or turnpike corporation operated 
or partly operated in this State, shall ^maintain one office 
therein, where transfers of its stock shall be made and 
where its books shall be kept for inspection by any stock- 
holder or creditor of such corporation; in which shall be 



STATE OF ARKANSAS. 199 

recorded the amount of capital stock subscribed or paid in 
and the amounts owned by them respectively, the trans- 
fers of said stock and the names and places of residence 
of the officers. 

Section 3. — Equal Right to Transportation — Regulation of 
Charges. 

All individuals, associations, and corporations shall have 
equal right to have persons and property transported over 
railroads, canals, and turnpikes; and no undue or unreason- 
able discrimination shall be made in charges for or in 
facilities for transportation of freight or passengers within 
the State, or coming from or going to any other State. 
Persons and property transported over any railroad shall 
be delivered at any station, at charges not exceeding the 
charges for transportation of persons and property of the 
same class in the same direction to any more distant station. 
But excursion and commutation tickets may be issued at 
special rates. 

Section 4. — Parallel or Competing Lines of Transportation 
Not to be Consolidated, or Controlled by Same Parties. 

No railroad, canal, or other corporation, or the lessees, 
purchasers, or managers of any railroad, canal, or corpora- 
tion shall consolidate the stock, property, or franchises of 
such corporation with, or lease or purchase the works or 
franchises of, or in any way control, any other railroad or 
canal corporation owning or having under its control a 
parallel or competing line; nor shall any officer of such 
railroad or canal corporation act as an officer of any other 
railroad or canal corporation owning or having control of 
a parallel or competing line; and the question whether 
railroads or canals are parallel or competing lines shall, 
when demanded by the party complainant, be decided by a 
jury, as in other civil issues. 



200 CONSTITUTION OF THE 

Section 5. — Prohibitions upon Officers, etc., of Transportation 
Companies. 

No president, director, officer, agent, or employee of any 
railroad or canal company shall be interested, directly or 
indirectly, in the furnishing of materials or supplies to 
such company; or in the business of transportation as a 
common carrier of freight or passengers over the works 
owned, leased, controlled, or worked by such company; 
nor in any arrangement which shall afford more advan- 
tageous terms or greater facilities than are offered or 
accorded to the public. And all contracts and arrange- 
ments in violation of this section shall be void. 

Section 6. — Discrimination of Charges Between Transporta- 
tion Companies and Individuals, or in Furnishing Cars 
or Motive Power, Prohibited. 

No discrimination, in charges or facilities for transpor- 
tation, shall be made between transportation companies 
and individuals, or in favor of either by abatement, draw- 
back, or otherwise; and no railroad or canal company, or 
any. lessee, manager, or employee thereof shall make any 
preferences in furnishing cars or motive power. 

Section 7. — General Assembly to Prevent Grant of Free 
Passes to Officers of the State. 

The General Assembly shall prevent by law the granting 
of free passes by any railroad or transportation company 
tp any officer of this State, legislative, executive, or judicial. 

Section 8. — Condition of Remission of Forfeiture of Charter, 
or Legislation Favorable to Corporations. 

The General Assembly shall not remit the forfeiture of 
the charter of any corporation now existing, or alter or 
amend the same, or pass any general or special law for 
the benefit of such corporation, except on condition that 
such corporation shall thereafter hold its charter subject 
to the provisions of this constitution. 



STATE OF ARKANSAS. 201 

Section 9. — Eminent Domain over Property of Corporations. 

The exercise of the right of eminent domain shall never 
be abridged or so construed as to prevent the General 
Assembly from taking the property and franchises of in- 
corporated companies and subjecting them to public use, 
the same as the property of individuals. 

Section 10. — Legislation to Correct Abuses by Transportation 
Companies. 

The General Assembly shall pass laws to correct abuses 
and prevent unjust discrimination and excessive charges 
by railroad, canal, and turnpike companies, for transport- 
ing freight and passengers, and shall provide for enforcing 
such laws by adequate penalties and forfeitures.* 

Section 11. — Movable Property of Railroad Corporations Per- 
sonal Property, and not to be Exempted from Execution. 

The rolling stock and all other movable property be- 
longing to any railroad company or corporation in this 
State shall be considered personal property, and shall be 
liable to execution and sale, in the same manner as the 
personal property of individuals; and the General Assembly 
shall pass no law exempting any such property from 
execution and sale. 

Section 12. — Damages, by Railroads, to Person and Property. 

All railroads which are now or may be hereafter built 
and operated either in whole or in part in this State, shall 
be responsible for all damages to persons and property, 
under such regulations as may be prescribed by the General 
Assembly. 

Section 13. — Annual Report of Railroad Companies to Auditor. 

The directors of every railroad corporation shall annually 
make a report under oath to the auditor of public accounts, 

♦Altered by Amendment No. 4. 



202 CONSTITUTION OF THE 

of all their acts and doings, which report shall include such 
matters relating to railroads as may be prescribed by law, 
and the General Assembly shall pass laws enforcing, by 
suitable penalties, the provisions of this section. 

ARTICLE XVIII.— Judicial Circuits. (Art. 130.) 

Judicial Circuits — Terms of Circuit Courts. 

Until otherwise provided by the General Assembly, the 
judicial circuits shall be composed of the following counties: 

First— Phillips, Lee, St. Francis, Prairie, Woodruff, White, 
and Monroe. Second — Mississippi, Crittenden, Cross, Poin- 
sett, Craighead, Greene, Clayton, and Randolph. Third — 
Jackson, Independence, Lawrence, Sharp, Fulton, Izard, 
Stone, and Baxter. Fourth — Marion, Boone, Searcy, Newton, 
Madison, Carroll, Benton, and Washington. Fifth — Pope, 
Johnson, Franklin, Crawford, Sebastian, Sarber, and Yell. 
Sixth — Lonoke, Pulaski, Van Buren, and Faulkner. 
Seventh — Grant, Hot Springs, Garland, Perry, Saline, and 
Conway. Eighth — Scott, Montgomery, Polk, Howard, 
Sevier, Little River, Pike, and Clark. Ninth — Hempstead, 
Lafayette, Nevada, Columbia, Union, Ouachita, and 
Calhoun. Tenth — Chicot, Drew, Ashley, Bradley, Dorsey, 
and Dallas. Eleventh — Desha, Arkansas, Lincoln, and 
Jefferson. 

Until otherwise provided by the General Assembly, the 
circuit courts shall be begun and held in the several coun- 
ties as follows: 

First Circuit. 

White — First Monday in February and August. Wood- 
ruff — Third Monday in February and August. Prairie — 
Second Monday after the third Monday in February and 
August. Monroe — Sixth Monday after the third Monday 
in February and August. St. Francis — Eighth Monday 
after the third Monday in February and August. Lee — 



STATE OF ARKANSAS. 203 

Tenth Monday after the third Monday in February and 
August. Phillips — Twelfth Monday after the third Monday 
in February and August. 

Second Circuit. 

Mississippi — First Monday in March and September. 
Crittenden — Second Monday in March and September. 
Cross — Second Monday after the second Monday in March 
and September. Poinsett — Third Monday after the second 
Monday \n March and September. Craighead — Fourth Mon- 
day after the second Monday in March and September. 
Greene — Sixth Monday after the second Monday in March 
and September. Clayton — Seventh Monday after the second 
Monday in March and September. Randolph — Ninth Mon- 
day after the second Monday in March and September. 

Third Circuit. 

Jackson — First Monday in March and September. Law- 
rence — Fourth Monday in March and September. Sharp — 
Second Monday after the fourth Monday in March and Sep- 
tember. Fulton — Fourth Monday after the fourth Monday 
in March and September. Baxter — Sixth Monday after the 
fourth Monday in March -and September. Izard — Seventh 
Monday after the fourth Monday in March and September. 
Stone — Ninth Monday after the fourth Monday in March 
and September. Independence — Tenth Monday after the 
fourth Monday in March and September. 

Fourth Circuit. 

Marion — Second Monday in February and August. 
Boone — Third Monday in February and August. Searcy — 
Second Monday after the third Monday in February and 
August. Newton — Third Monday after the third Monday 
in February and August. Carroll — Fourth Monday after 
the third Monday in February and August. Madison — Fifth 
Monday after the third Monday in February and August. 



204 CONSTITUTION OP THE 

Benton— Sixth Monday after the third Monday in February 
and August. Washington — Eighth Monday after the third 
Monday in February and August. 

Fifth Circuit. 

Greenwood district, Sebastian county — Third Monday in 
February and August. Fort Smith district, Sebastian 
county — First Monday after the fourth Monday in February 
and August. Crawford county — Fourth Monday after the 
fourth Monday in February and August. Franklin county — 
Sixth Monday after the fourth Monday in February and 
August. Sarber county — Eighth Monday after the fourth 
Monday in February and August. Yell county — Tenth 
Monday after the fourth Monday in February and August. 
Pope county — Twelfth Monday after the fourth Monday in 
February and August. Johnson county — Fourteenth Mon- 
day after the fourth Monday in February and August. 

Sixth Circuit. 

In the county of Pulaski on the first Monday in February, 
and continue twelve weeks if the business of said court 
require it. In the county of Lonoke, on the first Monday 
succeeding the Pulaski court, and continue two weeks if 
the business of said court require it. In the county of 
Faulkner, on the first Monday after the Lonoke court, and 
continue two- weeks if the business of said court require it. 
In the county of Van Bureh, on the first Monday after the 
Faulkner court, and continue two weeks if the business of 
said court require it. 

Fall Teem — Sixth Circuit. 

In the county of Pulaski on the first Monday in October, 
and continue seven weeks if the business of said court 
require it. In the county of Lonoke, on the first Monday 
next after the Pulaski court and continue two weeks if 
the business of said court require it. In the county of 



STATE OF AEEANSAS. 205 

Faulkner, on the first Monday after the Lonoke court, and 
continue one week if the business of said court require it. 
In the county of Van Buren, on the first Monday after the 
Faulkner courts and continue one week if the business of 
said court require it. 

Seventh Circuit. 

Hot Springs — Second Monday in March and September. 
Grant — Third Monday in March and September. Saline — 
Fourth Monday in March and September. Conway — Second 
Monday after fourth Monday in March and September. 
Perry — Fourth Monday after the fourth Monday in March 
and September. Garland — Fifth Monday after the fourth 
Monday in March and September. 

Eighth Circuit. 

Montgomery — First Monday in February and August. 
Scott — First Monday after the first Monday in February 
and August. Polk— Second Monday after the first Monday 
in February and August. Sevier — Third Monday after the 
first Monday in February and August. Little River — Fifth 
Monday after the first Monday in February and August. 
Howard — Seventh Monday after the first Monday in Feb- 
ruary and August. Pike — Eighth Monday after the first 
Monday in February and August. Clark — Ninth Monday 
after the first Monday in February and August. 

Ninth Circuit. 

Calhoun — First Monday in March and September. 
Union — Second Monday after the first Monday in March 
and September. Columbia — Fourth Monday after the first 
Monday in March and September. Lafayette — Sixth Mon- 
day after the first Monday in March and September. Hemp- 
stead — Eighth Monday after the first Monday in March and 
September. Nevada — Eleventh Monday after the first Mon- 
day in March and September. Ouachita — Thirteenth Mon- 
day after the first Monday in March and September. 



206 CONSTITUTION OF THE 

Tenth Circuit. 

Dorsey — Third Monday in February and August. Dal- 
las — First Monday in March and September. Bradley — Sec- 
ond Monday in March and September. Ashley — Third 
Monday in March and September. Drew— Second Monday 
after the third Monday in March and September. Chicot — 
Fourth Monday after the third Monday in March and Sep- 
tember. 

Eleventh Circuit. 

In the county of Desha on the first Monday in March and 
September. In the county of Arkansas on the fourth Mon- 
day in March and September. In the county of Lincoln on 
the third Monday after the fourth Monday in March and 
September. In the county of Jefferson on the sixth Monday 
after the fourth Monday in March and September. 

ARTICLE* XIX. — Miscellaneous Provisions. 

Section 1. — Disqualifications of Atheists, 

No person who denies the being of a God shall hold any 
office in the civil departments of this State, nor be compe- 
tent to testify as a witness in any court. 

Section 2. — Dueling. 

No person who may hereafter fight a duel, assist in the 
same as second, or send, accept, or knowingly carry a 
challenge therefor, shall hold any office in the State, for a 
period of ten years; and may be otherwise punished as the 
law may prescribe. 

Section 3. — Electors, only, Qualified for Office. 

No person shall be elected to, or appointed to fill a 
vacancy in, any office, who does not possess the qualifica- 
tions of an elector. 



STATE OF ARKANSAS. 207 

Section 4. — Residence, etc., of Officers. 

All civil officers for the State at large shall reside within 
the State, and all district, county, and township officers 
within their respective districts, counties, and townships; 
and shall keep their offices at such places therein as are 
now, or may hereafter be, required by law. 

Section 5. — Officers to Continue in Office till Qualification 
of Successors. 

All officers shall continue in office after the expiration of 
their official terms, until their successors are elected and 
qualified. 

Section 6. — Plurality of Offices. 

No person shall hold, or perform the duties of, more than 
one office in the same department of the government, at the 
same time, except as expressly directed or permitted by 
this constitution. 

Section 7. — Forfeiture of Residence. 

Absence on business of the State or of the United States, 
or on a visit, or on necessary private business, shall not 
cause a forfeiture of residence once obtained. 

Section 8. — Deductions from Salaries of Officers. 

It shall be the duty of the General Assembly to regulate 
by law in what cases and what deductions from the salaries 
of public officers shall be made for neglect of duty in their 
official capacity. 

Section 9. — Creation of Permanent State Offices Prohibited. 

The General Assembly shall have no power to create any 
permanent State office, not expressly provided for by this 
constitution. 



208 CONSTITUTION OF THU 

Section 10. — Returns of Elections, to Whom Made. 

Returns for all elections for officers who are to be com- 
missioned by the governor and for members of the General 
Assembly, except as otherwise provided by this constitu- 
tion, shall be made to the secretary of state. 

Section 11. — Salaries of State Officers — Fees Pertaining to 
State Offices — Maximum Salaries of State Officers — 
Increase of Salaries of Members of General Assembly. 

The governor, secretary of state, auditor, treasurer, attor- 
ney-general, Judges of the supreme court, Judges of the cir- 
cuit court, commissioner of state lands, and prosecuting at- 
torneys shall each receive a salary* to be established by law, 
which shall not be increased or diminished during their 
respective terms, nor shall any of them, except the prose- 
cuting attorneys, after the adoption of this constitution, 
receive to his own use any fees, costs, perquisites of office, 
or other compensation; and all fees that may hereafter be 
payable by law for any service performed by any officer 
mentioned in this section, except prosecuting attorneys, 
shall be paid in advance into the State treasury: Provided, 
that the salaries of the respective officers herein mentioned 
shall never exceed per annum: 

For governor the sum of $4,000; for secretary of state 
the sum of $2,500; for treasurer the sum of $3,000; for 
auditor the sum of $3,000; for attorney-general the sum of 
$2,500; for commissioner of state lands the sum of $2,500; 
for judges of the supreme court, each the sum of $4,000; 
for judges of the circuit courts and chancellors, each the 
sum of $3,000; for prosecuting attorney the sum of $400. 

And provided, further, that the General Assembly shall 
provide for no increase of salaries of its members which 
shall take effect before the meeting of the next General 
Assembly. 



Arts. 131, 136, 149, and 157. 



STATE OF ARKANSAS. 209 

Section 12.— Publication of Receipts and Expenditures of 
Public Money. 

An accurate and detailed statement of the receipts and 
expenditures of the public money, the several amounts paid, 
to whom and on what account, shall, from time to time, be 
published as may be prescribed by law. 

Section 13. — Usury — Rate of Interest. 

All contracts for a greater rate of interest than ten per 
centum per annum shall be void, as to principal and interest, 
and the General Assembly shall prohibit the same by law; 
but when no rate of interest is agreed upon, the rate shall 
be six per centum per annum. 

Section 14. — Lotteries Prohibited. 

No lottery shall be authorized by this State, nor shall the 
sale of lottery tickets be allowed. 

Section 15. — Contracts for Stationery, Fuel, Printing, Furni- 
ture, etc., for State Government. 

All stationery, printing, paper, fuel, for the use of the 
General Assembly and other departments of government, 
shall be furnished, and the printing, binding, and distribut- 
ing of the laws, journals, department reports, and all other 
printing and binding, and the repairing and furnishing the 
halls and rooms for the meetings of the General Assembly 
and its committees, shall be performed under contract, to 
be given to the lowest responsible bidder, below such maxi- 
mum price and under such regulations as shall be prescribed 
by law. No member or officer of any department of the 
government shall in any way be interested in such con- 
tracts, and all such contracts shall be subject to the 
approval of the governor, auditor, and treasurer. 

14 



210 CONSTITUTION OF THE 

Section 16. — Contracts for Public Buildings and Bridges, 
and Care of Paupers. 

All contracts for erecting or repairing public buildings or 
bridges in any county, or for materials therefor, or, for 
providing for the care and keeping of paupers, where there 
are no almshouses, shall be given to the lowest responsible 
bidder, under such regulations as may be provided by law. 

Section 17. — Revision, Publication, etc., of Laws. 

The laws of this State, civil and criminal, shall be revised, 
digested, arranged, published, and promulgated at such 
times, and in such manner as the General Assembly may 
direct. 

Section 18. — Security of Miners and Travellers. 

The General Assembly, by suitable enactments, shall 
require such appliances and means to be provided and used, 
as may be necessary to secure, as far as possible, the lives, 
health, and safety of persons employed in mining and of 
persons travelling upon railroads and by other public con- 
veyances; and shall provide for enforcing such enactments 
by adequate pains and penalties. 

Section 19. — Education of Deaf and Dumb, Blind, and Insane. 

It shall be the duty of the General Assembly to provide, 
by law, for the support of institutions for the education of 
the deaf and dumb, and of the blind; and also for the treat- 
ment of the insane. 

Section 20.— Oath of Office. 

Senators and representatives and all judicial and execu- 
tive State and county officers, and all other officers, both 
civil and military, before entering on the duties of their 
respective offices shall take and subscribe to the following 
oath or affirmation: " I do solemnly swear (or affirm) 



STATE OF ARKANSAS. 211 

that I will support the Constitution of the United States, and 
the Constitution of the State of Arkansas, and that I will 

faithfully discharge the duties of the office of upon 

which I am now about to enter." 

Section 21. — Sureties Upon Official Bonds. 

The sureties upon the official bonds of all State officers 
shall be residents of, and have sufficient property within, 
the State, not exempt from sale under execution, attach- 
ment, or other process of any court, to make good their 
bonds; and the sureties upon the official bonds of all county 
officers shall reside within the counties where such officers 
reside, and shall have sufficient property therein, not 
exempt from such sale, to make good their bonds. 

Section 22. — Amendments to Constitution, Hoio Originated — 
To be Published, and Submitted to the People— Not More 
than Three to be Proposed or Submitted at Same Time- — 
Separate Ratification of Each. 

Either branch of the General Assembly, at a regular 
session thereof, may propose amendments to this constitu- 
tion; and if the same be agreed to by a majority of all the 
members elected to each house, such proposed amendments 
shall be entered on the journals with the yeas and nays, and 
published in at least one newspaper in each county, where 
a newspaper is published, for six months immediately pre- 
ceding the next general election for senators and repre- 
sentatives, at which time the same shall be submitted to 
the electors of the State, for approval or rejection; and if 
a majority of the electors voting at such election adopt such 
amendments, the same shall become a part of this consti- 
tution. But no more than three amendments shall be pro- 
posed or submitted at the same time. They shall be so 
submitted as to enable the electors to vote on each amend- 
ment separately. 



212 CONSTITUTION OF THE 

Section 2Z.—Maximum of Officers' Salary and Fees — Dispo- 
sition of Excess Received. 

No officer of this State, nor of any county, city, or town, 
shall receive directly or indirectly for salary, fees, and per- 
quisites more than five thousand dollars net profits per 
annum in par funds, and any and all sums in excess of this 
amount shall he paid into the State, county, city, or town 
treasury, as shall hereafter be directed by appropriate 
legislation. 

Section 24. — Contested Elections not Herein Specifically 
Provided For. 

The General Assembly shall provide by law the mode of 
contesting elections in cases not specifically provided for in 
this constitution. 

Section 25. — Seal of the State. 

The present seal of the State shall be and remain the 
seal of the State of Arkansas until otherwise provided by 
law, and shall be kept and used as provided in this con- 
stitution. 

Section 26. — Officers Eligible to Executive and Judicial Office. 

Militia officers, officers of the public schools, and notaries 
may be elected to fill any executive or judicial office. 

Section 27. — Assessments on Real Property, for Local 
Improvements, in Towns and Cities. 

Nothing in this constitution shall be so construed as to 
prohibit the General Assembly from authorizing assess- 
ments on real property for local improvements, in towns 
and cities under such regulations as may be prescribed by 
law; to be based upon the consent of a majority in value 
of the property-holders owning property adjoining the 
locality to be affected. But such assessments shall be ad 
valorem and uniform. 



STATE OF ARKANSAS. 213 

SCHEDULE. 

Section 1.— Retention of Existing Laws— Effect of Exemption 
Laws in Force at Adoption of Constitution of 1868 — 
Distinction Between Sealed and Unsealed Instruments. 

All laws now in force, which are not in conflict or incon- 
sistent with this constitution, shall continue in force until 
amended or repealed by the General Assembly, and all laws 
exempting- property from sale on execution or by decree of 
a court, which were in force at the time of the adoption of 
the constitution of 1868, shall remain in force with regard 
to contracts made before that time. Until otherwise pro- 
vided by law, no distinction shall exist between sealed and 
unsealed instruments, concerning contracts between indi- 
viduals, executed since the adoption of the constitution of 
1868: Provided, that the statutes of limitation with regard 
to sealed and unsealed instruments in force at that time 
continue to apply to all instruments afterwards executed, 
until altered or repealed. 

Section 2. — Competency of Witnesses. 

In civil actions, no witness shall be excluded because he is 
a party to the suit, or interested in the issue to be tried: 
Provided, that in actions by or against executors, adminis- 
trators, or guardians, in which judgment may be rendered 
for or against them, neither party shall be allowed to 
testify against the other as to any transactions with, or 
statements of, the testator, intestate, or ward, unless called 
to testify thereto by the opposite party: Provided, further, 
that this section may be amended or repealed by the 
General Assembly. 

Section 3.— First General Election for Officers, and Election 
for Submission of Constitution to the People. 

An election shall be held at the several election precincts 
of every county of the State, on Tuesday, the 13th day of 



214 CONSTITUTION OF THE 

October, 1874, for governor, secretary of state, auditor, 
treasurer, attorney-general, commissioner of state lands 
for two years, unless the office is sooner abolished by the 
General Assembly, chancellor, and clerk of the separate 
chancery court of Pulaski county, chief justice and two 
associate justices of the supreme courts, a circuit judge and 
prosecuting attorney for each judicial circuit provided for 
in this constitution, senators and representatives to the 
General Assembly, all county and township officers pro- 
vided for in this constitution; and also for the submission 
of this constitution to the qualified electors of the State, 
for its adoption or rejection. 

Section 4. — Qualifications of Voters Thereat. 

The qualification of voters at the election to be held as 
provided in this schedule shall be the same as is now pre- 
scribed by law. 

Section 5. — Notice Thereof. 

The state board of supervisors hereinafter mentioned 
shall give notice of said election immediately after the 
adoption of this constitution by this convention, by procla- 
mation, in at least two newspapers published at Little 
Rock, and such other newspapers as they may select. And 
each county board of supervisors shall give public notice, 
in their respective counties, of said election, immediately 
after their appointment. 

Section 6. — Governor's Proclamation Enjoining Good Order 
at Such Election. 

The governor shall also issue a proclamation enjoining 
upon all peace officers the duty of preserving good order 
on the day of said election, and preventing any disturbance 
of the same. 



STATE OF ARKANSAS. 215 

Section 7. — State Board or Supervisors of Election — Vacancies 
Therein. 

Augustus H. Garland, Gordon N. Peay, and Dudley E. 
Jones are hereby constituted a state board of supervisors 
of said election, who shall take an oath faithfully and im- 
partially to discharge the duties of their office, a majority 
of whom shall be a quorum, and who shall perform the 
duties herein assigned them. Should a vacancy occur in 
said board by refusal to serve, death, removal, resignation, 
or otherwise, or if any member should become incapaci- 
tated from performing said duties, the remaining members 
of the board shall fill the vacancy by appointment. But if 
all the places on said board become vacant at the same 
time, the said vacancies shall be filled by the president of 
this convention. 

Section 8.— County Boards of Election Supervisors — Vacan- 
cies Therein. 

Said State board shall at once proceed to appoint a board 
of election supervisors for each county of this State, con- 
sisting of three men of known intelligence and upright- 
ness of character, who shall take the same oath as above 
provided for the State board. A majority of each board 
shall constitute a quorum, and shall perform the duties 
herein assigned to them; and vacancies occurring in the 
county boards shall be filled by the State board. 

Section 9. — Poll-Books and Ballot-Boxes for the Election. 

The State board shall provide the form of poll-books, 
and each county board shall furnish the judges of each 
election precinct with three copies of the poll-books in the 
form prescribed; and with ballot-boxes, at the expense of 
the county. 

Section 10. — Distribution, to Officers of the Election, of Copies 
oT the Constitution. 

The State board of supervisors shall cause to be furnished, 



216 CONSTITUTION OF THE 

in pamphlet form, a sufficient number of copie3 of this 
constitution to supply each county supervisor and judge 
of election with a copy; and shall forward the same to the 
county election boards for distribution. 

Section 11. — Judges of the Election and Election Clerks — 
Cases of Absence of Judges of the Election from the Polls. 

The boards of county election supervisors shall at once 
proceed to appoint three judges of election for each election 
precinct in their respective counties, and the judges shall 
appoint three election clerks for their respective precincts, 
all of whom shall be good, competent men, and take an 
oath as prescribed above. Should the judges of any election 
precinct fail to attend at the time and place provided by law, 
or decline to act, the assembled electors shall choose com- 
petent persons, in the manner provided by law, to act in 
their place, who shall be sworn as above. 

Section 12. — Conduct of the Election — Qualifications of Voters, 
How Decided — Registration. 

Said election shall be conducted in accordance with exist- 
ing laws except as herein provided. As the electors present 
themselves at the polls to vote, the judges of the election 
shall pass upon their qualifications, and the clerks of the 
election shall register their names on the poll-books, if 
qualified; and such registration by said clerks shall be a 
sufficient registration in conformity with the constitution 
of this State, and then their votes shall be taken. 

Section 13. — Style of Ballot. 

Each elector shall have written or printed on his ticket 
" For Constitution " or "Against Constitution " and also 
the offices and the names of the candidates for tae offices, 
for whom he desires to vote, 



STATE OF ARKANSAS. 217 

Section 14.— Deposit of Tickets— Elector to Yote only in Town- 
ship or Ward of Residence — Numbering of Tickets. 

The judges shall deposit the tickets in the ballot-box; 
but no elector shall vote outside of the township or ward 
in which he resides. The names of the electors shall be 
numbered, and the corresponding numbers shall be placed 
on the ballots by the judges when deposited. 

Section 15. — Drinking Houses to be Closed on Day of tlie Elec- 
tion — Sale or Gift of Intoxicating Liquors Prohibited. 

All dram shops and drinking houses in this State shall be 
closed during the day of said election, and the succeeding 
night; and any person selling or giving away intoxicating 
liquors during said day or night shall be punished by fine 
of not less than two hundred dollars, for each and every 
offence, or imprisoned not less than six months, or both. 

Section 16. — Hours of Voting — Counting of Ballots — Dispo- 
sition of Returns — Copies of Abstract of Returns, 
Ballots, and Poll-Books, Where Filed. 

The polls shall be opened at eight o'clock in the forenoon, 
and shall be kept open until sunset. After the polls are 
closed the ballots shall be counted by the judges at the 
place of voting, as soon as the polls are closed, unless pre- 
vented by violence or accident; and the results by them 
certified on the poll-books, and the ballots sealed up. They 
shall be returned to the county board of election super- 
visors, who shall proceed to cast up the votes and ascer- 
tain and state the number of votes cast for the constitution, 
and the number cast against the constitution, and also the 
number of votes cast for each candidate voted for, for any 
office; and shall forthwith forward to the state board of 
supervisors, duly certified by them, one copy of the state- 
ment or abstracts of the votes so made out by them, retain 
one copy in their possession, and file one copy in the office 



218 CONSTITUTION OF THE 

of the county clerk, where they shall also deposit for safe- 
keeping the ballots sealed up, and one copy of the poll- 
books, retaining possession of the other copies. 

Section 17. — Ascertainment and Publication of Result of 
Election on Adoption of Constitution — Constitution, if 
Adopted, in Force from Date of Such Publication — 
Abstract of Returns of the Election, to be Filed with 
Secretary of State — List of Members of General As- 
sembly, Elect, to be Certified to General Assembly — 
Abstract of Returns of Election of State Officers to be 
Certified to Speaker of House of Representatives, and 
the Result by Rim Announced — State Officers Elected, 
When to Enter upon Their Duties. 

The State board of supervisors shall at once proceed, on 
receiving such returns from the county board, to ascertain 
therefrom and state the whole number of votes given for 
the constitution and the whole number given against it; 
and if a majority of all votes cast be in favor of the con- 
stitution, the?* shall at once make public that fact by 
publication in two or more of the leading newspapers pub- 
lished in the city of Little Rock, and this constitution 
from that date shall be in force; and they shall also make 
out and file in the office of secretary of state an abstract of 
all the votes cast for the constitution and all the votes cast 
against it, and also an abstract of all votes cast for every 
candidate voted for at the election, and file the same in 
the office of the secretary of state, showing the candidates 
elected. They shall also make out and certify, and lay 
before each house of the General Assembly, a list of the 
members elected to that house; and shall also make out, 
certify, and deliver to the speaker of the House of Represen- 
tatives, an abstract of all votes cast at the election for any 
and all persons for the office of governor, secretary of state, 
treasurer of state, auditor of state, attorney-general, and 
commissioner of state lands, and the said speaker shall cast 
up the votes and announce the names of the persons elected 



STATE OF ARKANSAS. 219 

to these offices. The governor, secretary of state, treasurer 
of state, auditor of state, attorney-general, and commis- 
sioner of state lands chosen at said election shall qualify 
and enter upon the discharge of the duties of their respec- 
tive offices within fifteen days after the announcement of 
their election as aforesaid. 

Section 18. — All Officers Chosen at This Election to be Com- 
missioned by the Governor. 

All officers shown to be elected by the abstract of said 
election filed by the state board of supervisors in the office 
of the secretary of state, required by this constitution to be 
commissioned, shall be commissioned by the governor. 

Section 19. — First Election of Representatives and Senators — 
Their Certificates of Election. 

At said election the qualified voters of each county and 
senatorial district, as defined in article VIII. of this con- 
stitution, shall elect respectively representatives and 
senators according to the numbers and apportionment con- 
tained in said article. The board of election supervisors of 
each county shall furnish certificates of election to the per- 
son or persons elected to the House of Representatives, as 
soon as practicable after the result of the election has been 
ascertained and such board of election supervisors in each 
county shall make a correct return of the election for 
senator or senators to the board of election supervisors of the 
county first named in the senatorial apportionment; and said 
board shall furnish certificates of election to the person or 
persons elected as senator or senators in said senatorial dis- 
tricts, as soon as practicable. 

Section 20.— Officers Elected, Other than State Officers, When 
to Enter upon Their Duties. 

All officers elected under this constitution except the 
governor, secretary of state, auditor of state, treasurer, 



220 CONSTITUTION Ot TEE 

attorney-general, and commissioner of state lands, shall 
enter upon the duties of their several offices when they shall 
have been declared elected by said state board of super- 
visors, and shall have duly qualified. All such officers shall 
qualify and enter upon the duties of their offices within 
fifteen days after they have been duly notified of their 
election. 

Section 21. — Prior Incumbents to Vacate Their Offices. 

Upon the qualification of the officers elected at said elec- 
tion, the present incumbents of the offices for which the 
election is held, shall vacate the same and turn over to the 
officers thus elected and qualified, all books, papers, records, 
moneys, and documents belonging or pertaining to said 
offices by them respectively held. 

Section 22. — Time of Convening of First Session of General 
Assembly. 

The first session of the General Assembly under this con- 
stitution shall commence on the first Tuesday after the 
second Monday in November, 1874. 

Section 23. — Transfer of Jurisdiction from Boards of Super- 
visors to County Courts, from Criminal Courts to Circuit 
Courts, and of Probate Business to Probate Courts. 

The county courts provided for in this constitution shall 
be regarded in law as a continuation of the boards of 
supervisors now existing by law, and the circuit courts shall 
be regarded in law as continuations of the criminal courts 
wherever the same may have existed in their respective 
counties; and the probate courts shall be regarded as con- 
tinuations of the circuit courts for the business within the 
jurisdiction of such probate courts, and the papers and rec- 
ords pertaining to said courts and jurisdictions shall be 
transferred accordingly; and no suit or prosecution of any 
kind shall abate because of any change in this constitution. 



STATE OF AKKANSAS. 221 

Section 24. — Present Incumbents to Continue in Office till 
Qualification of Successors — Commissioner of State Lands. 

All officers now in office whose offices are not abolished by 
this convention, shall continue in office and discharge the 
duties imposed on them by law, until their successors are 
elected and qualified under this constitution. The office of 
commissioner of state lands shall be continued: Provided, 
that the General Assembly, at its next session, may abolish 
or continue the same in such manner as may be prescribed 
by law. 

Section 25. — Penalty of Fraud by Officers of the Election, or 
Other Persons. 

Any election officer, appointed under the provisions of 
this schedule, who shall fraudulently and corruptly permit 
any person to vote illegally, or refuse the vote of any 
qualified elector, cast up or make a false return of said 
election, shall be deemed guilty of a felony, and on con- 
viction thereof, shall be imprisoned in the penitentiary not 
less than five years nor more than ten years. And any 
person who shall vote when not a qualified elector, or vote 
more than once, or bribe any one to vote contrary to his 
wishes, or intimidate or prevent any elector by threats, 
menace, or promises from voting, shall be guilty of a felony 
and, upon conviction thereof, shall be imprisoned in the 
penitentiary not less than one nor more than five years. 

Section 26. — Tenure of Office of Officers Chosen at the Elec- 
tion — Time of Next General Election — Election of Con- 
gressmen. 

All officers elected at the election provided for in this 
schedule shall hold their offices for the respective periods 
provided for in the foregoing constitution, and until their 
successors are elected and qualified. The first general elec- 
tion after the ratification of this constitution shall be held 
on the first Monday of September, A. D. 1876. Nothing in 



222 CONSTITUTION OF THE 

this constitution and the schedule thereto shall be so 
construed as to prevent the election of congressmen at the 
time as now prescribed by law. 

Section 27. — Appropriation to Defray Expenses of the Election. 

The sum of five thousand dollars is hereby appropriated 
out of any money in the treasury not otherwise appro- 
priated, to defray the expenses of the election provided for 
in this schedule; and the auditor of state shall draw his 
warrant on the treasurer for such expenses not exceeding 
said amount, on the certificate of the state board of super- 
visors of election. 

Section 28. — Present Salaries of State Officers — Per Diem and 
Mileage of Members of General Assembly. 

For the period of two years from the adoption of this 
constitution, and until otherwise provided by law, the re- 
spective officers herein enumerated shall receive for their 
services the following salaries per annum: 

For governor the sum of $3,500. For secretary of state 
the sum of $2,000. For treasurer the sum of $2,500. For 
auditor the sum of $2,500. For attorney-general the sum 
of $2,000. For commissioner of state lands the sum of $2,000. 
For judges of the supreme court, each the sum of $3,500. 
For judges of circuit and chancery courts, each the sum 
of $2,500. For prosecuting attorneys, each the sum of 
$400. For members of the General Assembly the sum of 
$6 per day, and 20 cents per mile for each mile traveled in 
going to and returning from the seat of government, over 
the most direct and practicable route. 

Done in Convention, at Little Rock, the seventh day of 
September in the year of our Lord, one thousand 
eight hundred and seventy-four, and of the Inde- 
pendence of the United States the ninety-ninth. 



STATE OF ARKANSAS. 223 

In witness whereof, we have hereunto subscribed our 
names. 

Gbandison D. Royston, 
President of the Convention, and Delegate 
from the County of Hempstead. 
Thomas W. Newton, Secretary. 

[Here follows the names of the delegates from each 
county.] 

AMENDMENT No. i. 

The General Assembly shall have no power to levy any 
tax, or make any appropriations, to pay either the principal 
or interest, or any part thereof, of any of the following 
bonds of the State, or the claims, or pretended claims, 
upon which they may be based, to-wit: Bonds issued under 
an act of the General Assembly of the State of Arkansas, 
entitled "An act to provide for the funding of the public 
debt of the State," approved April 6, A. D. 1869, and num- 
bered from four hundred and ninety-one to eighteen hundred 
and sixty inclusive, being the funding bonds, delivered to 
F. W. Caper, and sometimes called " Holford bonds"; or 
bonds known as " railroad aid bonds," issued under an 
act of the General Assembly of the State of Arkansas, en- 
titled "An act to aid in the construction of railroads, 
approved July 21, A. D. 1868"; or bonds called "levee 
bonds," being bonds issued under an act of the General 
Assembly of the State of Arkansas, entitled " An act pro- 
viding for the building and repairing the public levees of 
the State, and for other purposes," approved March 16, 
A. D. 1869, and the supplemental act thereto, approved 
April 12, 1869; and the act entitled "An act to amend an 
act entitled an act providing for the building and repairing 
•of public levees of this State," approved March 23, A. D. 
1871, and any law providing for any such tax or appropria- 
tion shall be null and void. 



224 CONSTITUTION OF THE 

AMENDMENT No. 2. 

Every male citizen of the United States, or male person 
who has declared his intention of becoming a citizen of 
the same, of the age of twenty-one years, who has resided 
in the State twelve months, in the county six months, and 
in the precinct or ward one month next preceding any 
election at which he may propose to vote, except such per- 
sons as may for the commission of some felony be deprived 
of the right to vote by law passed by the General Assembly, 
and who shall exhibit a poll-tax receipt or other evidence 
that he has paid his poll-tax at the time of collecting taxes 
next preceding such election, shall be allowed to vote at any 
election in the State of Arkansas: Provided, that persons 
who make satisfactory proof that they have attained the 
age of twenty-one years since the time of assessing taxes 
next preceding said election and possess the other necessary 
qualifications, shall be permitted to vote; and, provided, 
further, that the said tax receipt shall be so marked by 
dated stamp or written endorsement by judges of election 
to whom it may be first presented as to prevent the holder 
thereof from voting more than once at any election. 

AMENDMENT No. 3. 

The Governor shall, in case a vacancy occurs in any 
State, district, county, or township office in the State, either 
by death, resignation, or otherwise, fill the same by ap- 
pointment, such appointment to be in force and effect until 
the next general election thereafter. 

AMENDMENT No. 4. 

That section 10, of Article XVII., of the Constitution of 
the State of Arkansas, be amended so as to read as follows : 

"Article XVII., Section 10: The General Assembly shall 
pass laws to correct abuses and prevent unjust discrimina- 



STATE OF ARKANSAS. 225 

tion and excessive charges by railroads, canals, and turn- 
pike companies for transporting freight and passengers, and 
shall provide for enforcing such laws by adequate penalties 
and forfeitures, and shall provide for the creation of such 
offices and commissions and vest in them such authority 
as shall be necessary to carry into effect the powers hereby 
conferred." (Proposed February 26, 1897, and ratified Sep- 
tember 5, 1898.) 

AMENDMENT No. 5. 

The county courts of the State, in their respective coun- 
ties, together with a majority of the justices of the peace 
of such county, in addition to the amount of county tax 
allowed to be levied, shall have the power to levy not ex- 
ceeding three mills on the dollar on all taxable property of 
their respective counties, which shall be known as the 
County Road Tax, and when collected shall be used in the 
respective counties for the purpose of making and repair- 
ing public roads and bridges of the respective counties, and 
for no other purpose, and shall be collected inUnited States 
currency or county warrants legally drawn on such road-tax 
fund, if a majority of the qualified electors of such county 
shall have voted public road tax at the general election for 
State and county officers preceding such levy at each elec- 
tion. (Proposed March 15, 1897, and ratified September 5, 
T898.) 

AMENDMENT No. 6. 

The sureties upon the official bonds of all State officers 
shall be residents of and have sufficient property within 
the State not exempt from sale under execution, attach- 
ment or other process of any court, to make good their 
bonds, and the sureties upon the official bonds of all county 
officers shall reside within the counties where such officers 
reside, and shall have sufficient property therein, not ex- 



22 G CONSTITUTION OF THE 

empt from such sale to make good their bonds. Provided, 
however, that any surety, bonding, or guaranty company, 
organized for the purpose of doing a surety or a bonding 
business, and authorized to do business in the State, may 
become surety on the bonds of all State, county and munici- 
pal officers under such regulations as may be prescribed by 
law. 

AMENDMENT No. 7. 

Pay and Mileage: The members of the General Assembly 
shall receive such pay and mileage for their services as 
shall be fixed by law. No member of either house shall 
during the term for which he has been elected, receive any 
increase of pay for his services under any law passed du- 
ring such term. The terms of all members of the General 
Assembly shall begin on the day of their election. 

AMENDMENT No. 8. 

The General Assembly shall provide by general law for 
the support of common schools by taxes, which shall never 
exceed in any one year three mills on the dollar on the 
taxable property of the State, and by an annual per capita 
tax of one dollar, to be assessed on every male inhabitant 
of this State over the age of twenty-one years. Provided, 
the General Assembly may by general law authorize school 
districts to levy a vote on the qualified electors of such 
district a tax not to exceed seven mills on the dollar in 
any one year for school purposes. Provided, further, that 
no such tax shall be appropriated to any other purpose 
nor to any other district than that for which it was levied. 



CHAPTER X. 



^he United Stale?. 



ORIGIN. 

202. Colonial Times. — In the beginning of this 
government many colonies* were scattered along the 
Atlantic coast. Despite disadvantages, the colonies 
grew, and, after a lapse of a few years, became ex- 
tensive communities, with prosperous and hopeful 
people. 

These colonies gradually merged into each other, 
and united for their common defence and general wel- 
fare, until in 1776, there were thirteen extensive and 
well-founded colonies, f which, after their union, be- 
came the " thirteen original States." 

203. Colonial Government. — The thirteen colo- 
nies were not permitted to govern themselves. They 



*A colony is a number of persons sent out by any mother 
country, or a settlement of persons in a distant place, who 
are governed by the country from which they came. Colo- 
nization has been practiced by all the leading nations of 
the world from the earliest time down to the present. 

-f-The American colonies have been the most prosperous 
the world has ever known. True it is that they labored 



228 A PRACTICAL TREATISE ON THE 

were under the direct control of the English govern- 
ment and enjoyed just such privileges as the king of 
England was pleased to give. They were governed 
somewhat after the manner of our State government. 
A chief executive, or governor, and a council, were 
appointed by the king of England. The council cor- 
responded to our upper house, or Senate. There was 
a lower house composed of men chosen by the colonies. 
All laws passed by these bodies had to be signed by the 
" Chief Executive," who had absolute veto power, 
and then sent to England and approved by the king. 

In such circumstances there remained no oppor- 
tunity for the people to pass such laws as would best 
promote their interests. 

204. Unjust Laws. — So many unjust laws were 
passed that the colonists had to throw off the oppres- 
sive rule of England. This was finally done by the 
" Declaration of Independence," July 4, 1776, and 
by the stubborn and successful fight for liberty known 
as the Revolutionary War. 

CONFEDERATION. 

205. Articles. — A congress of delegates from the 
thirteen colonies had been meeting from time to time 
in order that provision might be made to carry on the 



under many disadvantages and had a multitude of hard- 
ships unknown to us; but to-day we stand as one of the 
most prosperous and successful nations of the world. Our 
population is now greater by more than thirty millions than 
that of our mother country. 



CIVIL GOVERNMENT OF THE UNITED STATES. 229 

" Revolutionary War." The time had come when a 
closer union of the colonies was necessary, hence at 
Philadelphia, July 9, 1778, forty-eight delegates in 
congress assembled, drafted and signed the "Articles 
of Confederation," the first three articles of which 
are as follows: 

Article 1. The style of this Confederacy shall be, 
" The United States of America." 

Article 2. Each State retains its sovereignty, free- 
dom, and independence, and every power, jurisdiction, 
and right, which is not by this Confederation expressly 
delegated to the Unites States in Congress assembled. 

Article 3. The said States hereby severally enter 
into a firm league of friendship with each other, for 
the common defence, the security of their liberties, 
and their mutual and general welfare, binding them- 
selves to assist each other against all force offered to, 
or attacks made upon them, or any of them, on account 
of religion, sovereignty, trade, or any other pretence 
whatever. 

206, Congress. — Under the Articles of Confedera- 
tion, Congress met annually on the first Monday in 
Xovember and was composed of members from the 
States chosen in such a manner as the Legislature of 
each State directed. ~No State was represented by 
fewer than two nor more than seven delegates. Each 
State had one vote ; this in all cases was determined by 
a majority of its delegates. 



230 A Practical treatise on the" 

207. Duration of Confederation. — For nine years 
the government was managed according to the Articles 
of Confederation. They served the people during the 
Revolution and for six years after the surrender at 
Yorktown. But on account of their weakness in many 
respects and the growing demand for a uniform sys- 
tem of commercial relations,* which were not prop- 
erly provided for in these Articles, at Philadelphia, 
in May, 1787, delegates from all the States except 
Rhode Island met for the purpose of making such 
changes in and adding to the Articles of Confedera- 
tion clauses that would be necessary to make it an 
instrument that would meet all the requirements of 
the government. But instead of the intended changes, 



* In January, 1786, a convention of commissioners from 
the thirteen States was proposed by the Legislature of Vir- 
ginia. The object of the convention was to take into con- 
sideration the general affairs of the country with special 
reference to the trade of the United States and the neces- 
sity of a better system of commercial intercourse, both 
among the States and with other nations. In September, 
1786, a meeting was held at Annapolis. There were com- 
missioners from only five States — Delaware, New Jersey, 
New York, Pennsylvania, and Virginia. It was not expe- 
dient to transact any business at this meeting; however, a 
convention was recommended to be called at Philadelphia 
in May, 1787, to consider not only the commerce of the 
country, but to alter or change the Articles of Confedera- 
tion in such a way as to meet the demands of the country. 
Congress provided for the said convention at the stated 
time, which resulted in the framing of the present Consti- 
tution. 



CIVIL GOVERNMENT OF THE UNITED STATES. 231 

a new instrument was brought forth which seemed to 
meet the demands of our new and free government 
in a more satisfactory way. This was the Constitution 
of the United States, the foundation of our present 
government. 

REVIEW QUESTIONS. 

1. Where did colonization begin? 2. What is a colony 
and what is the object of it? 3. Are colonies profitable to 
the mother country? 4. Give reasons why. 5. Was there 
just one colony for each of the original thirteen States? 
Explain this. 6. When did the colonies become the " thir- 
teen original States"? 7. What colonies have been the 
most prosperous? 8. How are colonies usually governed? 
9. How were the American colonies governed? 10. Explain 
the legislative department and how laws were passed. 11. 
What caused the colonies to throw off the government of 
the mother country? 12. What kind of government was 
there from 1778 to 1787? 13. Explain this government. 14. 
When did Congress meet? 15. Give substance of the arti- 
cles of the Confederate Union. 16. What led to the fram- 
ing of the Constitution? 



232 A PRACTICAL TREATISE ON THE 



CHAPTER XI. 



^he United Slate: 



(CONTINUED.) 



UEGISLATTYK DEPARTMENT. 

CONGRESS. 

208. Provision. — The Constitution provides that 
the legislative power of the United States shall be 
vested in a Congress composed of a House of Repre- 
sentatives and a *Senate. It is based on the belief that 
hasty or unwise legislation by the one will be checked 
or modified by the other. See Art. 90 ; page 63. 



* Each State of the " Union " is considered to be one of the 
units of which the entire " United States " is the whole. 
Now, as individuals have equal rights and privileges and are 
not allowed to vote according to size, power, or knowledge, 
therefore it is thought that the States in a measure ought 
to have equal rights and privileges and equal representation; 
hence Senators are elected, two from each State, for the 
sole purpose of representing the State. Now, since the 
States have unequal population, and it is thought that the 
people ought to be equally represented, Representatives are 
apportioned among the various States according to popula- 
tion, and are for the sole purpose of representing the people. 



CIVIL GOVERNMENT OF THE UNITED STATES. 233 

209. Time of Meeting. — Congress meets annually 
on the first Monday of December, at Washington, D. 
C. Congress has power by law to change the time of 
meeting. But in all cases it must meet at least once 
each year. 

210. Number of Congresses. — We are now in the 
midst of the 60th Congress, although the present Con- 
stitution has been in force 120 years and there has 
been that many regular sessions of Congress. But, 
since the members of the House of Representatives 
are chosen for two years at a time, it takes two ses- 
sions of Congress to make one complete Congress; 
heuce, when we say the 53d, 54th, or 55th Congress, 
we are to understand that each consists of two sessions 
and covers a period of two years. Congress some- 
times is said to consist of a long and a short session. 

2ii. Special Session. — The President has power 
to call a special session of Congress, or either house, 
to convene in extra session if there is important busi- 
ness to transact or the circumstances and condition of 
the country demand it. When the President calls a 
special session of Congress, he specifies the time and 
the object of the call. 

HOUSE OF REPRESENTATIVES. 

212. Members. — The House of Representatives is 
composed of members chosen every two years by a 
direct vote of the qualified electors of the several 
States. There are 386 members of the House at pres- 



234 A PRACTICAL TREATISE ON THE 

ent. Each Territory is allowed one delegate, who 
has a seat in the House and has the privilege of speak- 
ing on any question relative to his Territory, but is 
not allowed to vote. 

213. Election for Representatives. — The Con- 
stitution of the United States provides in Art. 1, Sec- 
tion 1, that the electors in each State, or, simply the 
voters for the representatives in Congress, shall have 
the qualifications requisite for electors of the more nu- 
merous branch of the State Legislature. For example, 
the State Legislature of Arkansas is composed of a 
Senate and a House of Representatives. The Senate 
is composed of thirty-five members and the House 
of one hundred. The House of Representatives is the 
more numerous branch, or has the greater number, 
and is more closely related to the people. Therefore 
any person qualified to vote under the State laws for 
a representative in the State Legislature is qualified 
also to vote for a representative in Congress. 

214. Qualification of Members. — A representa- 
tive must be twenty-five years of age, at least, must 
have been a citizen of the United States seven years, 
and must reside in the State from which he is chosen. 
He ought to live in the congressional district which he 
represents. However, this does not disqualify him 
from being elected. It is said 'that there has been only 
one exception to this during all the past. 

215. Apportionment of Representatives. — Art. 
1, Sec. 2, Clause 3, of the Constitution provides that 



fciVIL GOVERNMENT OF THE UNITED STATES. 23& 

the actual enumeration shall be made within three 
years after the first meeting of Congress* of the 
United States, and within every subsequent term of 
ten years, in such a manner as they shall by law pro- 
vide. The number of representatives shall not exceed 
one for every thirty thousand, but each State shall 
have at least one representative. The House is not 
limited to any definite number of representatives by 
the Constitution. The first House of Representatives 
consisted of sixty-five members and the ratio of repre- 
sentation was about 50,000. The ratio^ has been 
raised from time to time to prevent the House from 
having too many members, but in spite of this the 
number has increased until now there are 386 mem- 
bers in the House and the ratio of representation is 
194,241 (1903). 

216. Present Method of Apportionment. — After 
the census has been taken, Congress at present deter- 
mines the number of representatives that the House 
shall contain for the ensuing ten years. Congress has 
no power to change the number and it can be modified 
in no way except by the admission of new States. The 
population of the United States is divided by the 
number of representatives ; for example, the popula- 
tion of the States in the year 1900 was 74,977,162 ; 
this number divided by three hundred and eighty-six 

* For provision for the first Congress see Article I., sec- 
tion 2, clause 3, of the United States Constitution. 
t See Ratio of Representation. 



236 A PRACTICAL TREATISE ON THE 

gives 194,241, which is the present ratio of representa- 
tion. The population of each State is then divided 
by the above ratio, which gives the number of repre- 
sentatives each State will have. By trial it may be 
readily seen that by dividing the population of each 
State separate the sum of the quotients will not give 
the required number of representatives, so in order to 
make up the deficit, to the States respectively having 
the greatest remainders, a representative is given until 
the required number is obtained. 

217. Congressional Districts. — Instead of all the 
people in the State voting for the whole number of 
representatives, it is thought best, and furthermore is 
made the duty of the Legislature of each State, to so 
subdivide the State, as to make as many districts as 
the State has representatives, Each district must be 
composed of contiguous counties and contain as nearly 
as possible a population equal to the ratio of represen- 
tation. Each representative in Congress is chosen by 
a single district and no more than one from each 
district. This makes it convenient for 'the people to 
know the man whom they choose, and it enables the 
representative to meet the people whom he represents 
and to know better how to represent them. 

218. Representation by States. — Below is given 
a list of the States of the Union with the number of 
representatives belonging to each. 



CIVIL GOVERNMENT OF THE UNITED STATES. 23' 



Alabama 9 

Arkansas 7 

California 8 

Colorado 3 

Connecticut 5 

Delaware 1 

Florida 3 

Georgia 11 

Idaho 1 

Illinois 25 

Indiana 13 

Iowa 11 

Kansas 8 

Kentucky 11 

Louisiana 7 



Maine. 4 

Maryland 6 

Massachusetts 14 

Michigan 12 

Minnesota 9 

Mississippi, 8 

Missouri 16 

Montana 1 

Nebraska 6 

Nevada 1 

New Hampshire ... 2 

New Jersey 10 

New York... . 37 

North Carolina 10 

North Dakota 2 



Ohio 21 

Oregon 2 

Pennsylvania 32 

Rhode Island 2 

South Carolina 7 

South Dakota 2 

Tennessee 10 

Texas 16 

Utah l 

Vermont 2 

Virginia 10 

Washington 3 

West Virginia 5 

Wisconsin 11 

Wyoming 1 



219. Congressmen at Large. — After the appor- 
tionment has been made by Congress, if there are 
States having a greater number of representatives than 
districts, and if the State Legislatures of such States 
fail to provide the required number of districts, the 
extra congressmen are elected by the entire State and 
are known as " Congressmen at Large." If your State 
has one more representative after the census of 1910 
has been taken and the apportionment made than it 
has now, and if your State Legislature fails to provide 
another district, this representative will be elected, by 
the entire State and will be your congressman at large 
until the required number of districts are formed. 

220. Salary of Members. — Both Senators and 
Kepresentatives receive annually for their services 
$7,500, and twenty cents a mile as traveling expenses 
in going to and returning from the sessions of Con- 
gress. 

221. Vacancies. — Should a vacancy occur in any 
State's representation by death, resignation or removal 



238 A PRACTICAL TREATISE ON THE 

from office, the Governor of such State must call a 
special election to fill the vacancy. The election is 
called, of course, only in the district in which the 
vacancy occurs. In case of a Congressman at Large, 
the election would be called for the entire State. 

OFFICERS OF THE HOUSE. 

222. Speaker. — The representatives of the same 
political party meet in convention, or caucus, and 
choose a man from their own number as a candidate 
for the "Speakership." The House is called to order by 
the Clerk of the preceding House of Representatives. 
The various candidates are then nominated. The vote 
is then taken by the members rising or by yeas and 
nays until one is elected. The Clerk presides during 
the election of the Speaker only. Immediately after 
his election he comes forward and is sworn into office 
by the representative who has been a member of the 
House the longest time. Because he speaks or declares 
the will of the House, he is called " Speaker." 

223. Duties. — In influence and power, he is next 
to the President of the United States. He presides 
over the House, preserves order and the dignity of the 
House, decides such points of order as may be neces- 
sary, and directs the business of legislation. His 
position is one of very great importance and influence, 
since most all of the work of legislation, especially in 
making laws, is done or greatly matured by commit- 
tees which are appointed by him. He can therefore 



CIVIL GOVERNMENT OF THE UNITED STATES. 239 

shape legislation to a great extent. Since lie is a 
representative he has a right to vote on any question 
if he so desires. 

224. Salary of Speaker. — He receives $3,000 
annually for his services as Speaker in addition to his 
salary as representative. (See Art. 220.) 

225. The Sergeant-at-Arms is elected by the 
House, but not from the members. He is the ministe- 
rial officer of the House, preserves order as directed by 
the Speaker and executes all processes issued by the 
House or its committees. He is to the House about 
what a sheriff is to a court. In case of disorder, the 
Speaker commands the Sergeant-at-Arms to bear 
through the hall a mace (mas), which consists of a 
bundle of ebony rods surmounted by a globe upon 
which is an eagle with outspread wings. This is a 
symbol of the authority of the House. He also keeps 
the accounts of the pay and mileage of members, 
prepares checks, draws and pays the money to them. 

226. The Clerk of the House is elected as the 
Sergeant-at-Arms. He is expected to keep the pro- 
ceedings of the House, have the same published and 
deliver a copy to each member at the opening of the 
session, and also to the Governor and to each branch 
of the Legislature of each State. 

227. The Doorkeeper has charge of the hall and 
is responsible for the furniture of the House. He 
sees that only proper persons gain admission to the 
sessions of Congress. 



240 A PRACTICAL TREATISE ON THE 

228. The Postmaster has charge of or superin- 
tends the post-office in the capitol for the accommoda- 
tion of members. 

229. The Chaplain opens each session with 
prayer. Numerous subordinate clerks, deputies and 
messengers are employed under these officers to assist 
them in the discharge of their duties. 

230. Special Powers of the House. — There are 
two special powers given to the House. 

1. Since taxation is one of the vital questions in 
the management of a government, and in fact one of 
the most important, as it touches directly the interests 
and the finances of the people, and as the representa- 
tives are directly from the people, therefore all bills 
providing for taxation — that is, revenue bills — origi- 
nate in the House. However, the Senate may propose 
amendments. 

2. The House has the power of impeachment. (See 
Art. 231.) 

231. Impeachment. — The Constitution of the 
United States, Art. 11, Section 4, is as follows: 

" The President, Vice-President and all civil offi- 
cers of the United States shall be removed from office 
on impeachment and conviction of treason, bribery, 
or other high crimes and misdemeanors." 

When any of the above charges are brought against 
an officer of the United States, a committee is ap- 



CIVIL GOVEEXMENT OF THE UNITED STATES. 241 

pointed from the members of the House to investi- 
gate the charges. They proceed as a grand jury. If, 
on investigation, they have sufficient reason to believe 
that the officer ought to be impeached, the charges 
are written in the form of an indictment, are pre- 
sented to the House and there discussed, and the ques- 
tion put to a vote. If a majority of the members 
of the House favor impeachment, a committee is ap- 
pointed to take up the matter before the Senate, setting 
as a jury. After hearing the cause', if two-thirds of 
the Senators confirm the charge, the officer is im- 
peached — that is, thrown out of office. 

232. Results. — This judgment does not extend any 
further than removal from office, but the individual 
is still subject to further trial and punishment accord- 
ing to law. He is disqualified to hold any office of 
trust, honor or profit under the United States. 

SENATE. 

233. The Senate is composed of two Senators 
from each State. They are elected by the Legislature 
for a term of six years. There are (1907) forty-five 
States, thus requiring ninety Senators. Senators are 
to look after the individual interests of the State as 
a whole, to guard against undue centralization of 
power and prevent oppression of the smaller States 
by the larger ones. 

234. Qualifications. — A Senator must be thirty 
years of age, at least, must have been nine years a 

16 



242 A PKACTICAL TEEATISE ON THE 

citizen of the United States, and must be a citizen (a 
qualified voter) of the State at the time of his appoint- 
ment. Any person holding an oifice of trust or profit 
under the United States government is disqualified so 
long as he holds such office. 

235. Election. — In 1866, provisions were made 
by Congress for the election of United States Sena- 
tors as follows: 

" The Legislature which meets first after the expi- 
ration of the term of any Senator, shall on the second 
Tuesday after their organization proceed to elect a 
Senator. Some one, or any number, may be placed in 
nomination by each branch of the Legislature. On 
this same day both the Senate and the House must 
elect some one as United States Senator without 
reference to what the other branch is doing. On the 
following day (Wednesday) at 12 M. the Legislature 
meets in joint session, and if one person has a majority 
of all the votes of each house, he is declared elected. 
If it occurs that no one has such majority, the joint 
assembly proceeds to elect, or on each succeeding day 
at 12 M. cast at least one ballot till some one is elected 
or until the close of the session. If no one, be' elected 
the State loses its representation, for it has been de- 
cided by the United States Senate that the Chief Ex- 
ecutive cannot fill such a vacancy." 

236. Vacancy. — Should a vacancy occur in any 
State's representation in the Senate, the Governor has 



CIVIL GOVERNMENT OF THE UNITED STATES. 243 

power to appoint some one to fill the unexpired time 
or until the next Legislature meets. To fill a 
vacancy, the Legislature proceeds in the same man- 
ner as for the first election. (See Art. 235.) 

237. Salary. — See Salary of Members, Art. 
220. 

OFFICERS OF THE SENATE. 

238. President. — The Vice-President of the 
United States is ex officio President of the Senate, 
but has no vote unless there be a tie. (Art. 1, Sec- 
tion 3, Clause 4.) 

239. President Pro Tern. — The Constitution of 
the United States provides for the election of a Presi- 
dent pro tempore in the absence of the Vice-Presi- 
dent or when the Vice-President may be called upon 
to perform the duties of President. For perform- 
ing these duties he receives no extra compensation. 

240. Other Officers. — The Senate elects a Chief 
Clerk, a Secretary, a Sergeant-at-Arms, a Door- 
keeper, and a Chaplain, whose duties are the same 
as those of the corresponding officers of the House 
(See sec. 225-229). 

241. Special Powers of the Senate. — There are 
three special powers given to the Senate : 

1. When the House presents articles impeaching 
an officer, the Senate sits as a petit jury or as a court. 
(See Art. 231). 



244 A PRACTICAL TREATISE ON THE 

2. All treaties* made by the President with foreign 
countries must be confirmed by a two-thirds vote of 
the Senate. 

3. When the President appoints his Cabinet, and 
nominates the Supreme, Circuit or District Judges, 
and the attorneys for the same, Revenue Officers, 
Ministers, Embassadors, Consuls and all Territorial 
officers, all such appointments must be confirmed by 
the Senate. 

CONGRESS AT WORK. 

242. Preparatory. — Congress may by law change 
its time for meeting, but no permanent change from 
the first Monday in December has ever yet been made. 
After the election of the proper officers, as explained 
in this chapter, the Speaker of the House and the 
President of the Senate appoint the Standing Com- 
mittees. 

243. Senate Continuous. — When the Senate met 
the first time, the members divided themselves into 
three classes. The time of the first class expired at 
the end of two years, and new members were elected 
for six; the time of the second class expired at the 
end of four years; and the time of the third class ex- 



* Treaties are contracts or leagues between two or more 
nations, usually made for the purpose >of settling some 
trouble or point of difference, or for the purpose of adjust- 
ing some plan of commercial intercourse. Treaties are 
usually formed by commissioners or agents sent out by each 
government. 



CIVIL GOVERNMENT OF THE UNITED STATES. 245 

pired at the end of six years. We see at once that 
two-thirds of the Senate is composed of old members, 
hence it can be said that the Senate is a continuous 
body. 

244. Organization Complete. — As soon as the 
organization of the House and the Senate is com- 
pleted, the presiding officer of each body appoints 
a committee to inform the President and also the 
other body that such organization has been completed 
and that they are ready for any business that may be 
brought before them. Congress is now ready to en- 
tertain or hear any measure that may be brought up 
or proposed for consideration. 

["245. Oath of Members. — Each house is the judge 
of its own members — that is, each house as a whole or 
by committees decides as to whether the members sent 
there by the different States have the required qualifi- 
cations. (See Art. 214.) After these qualifications 
have been found satisfactory, the members come for- 
ward by States and take an oath of office which con- 
sists in swearing or affirming that they will support 
the Constitution of the United States. 

246. Quorum. — A quorum for the transaction of 
business in either house consists of a majority of all 
the members elected to that branch. Any number 
may adjourn from time to time and compel the attend- 
ance of other members. 

247. Rules. — Early in the session, each house of 
Congress appoints a committee to draft rules and 



246 A PRACTICAL TREATISE ON THE 

regulations by which it is to be governed during such 
session. The committee may recommend an adoption 
of the rules of the preceding House or the old rules 
with certain modifications, or draft a new set of rules 
altogether. These are reported, discussed, and all, or 
such part as may seem suitable, are adopted. Either 
house has power to set aside the rules, and proceed 
to pass laws in any way it sees fit. But it must not 
violate the Constitution. 

248. Liberty of Speech and Arrest. — In order 
that the members may feel the fullest freedom in all 
debates or discussions, and know that they are inde- 
pendent in regard to what they have to say, the Con- 
stitution provides: 

" They (Senators and Representatives) shall, in all 
cases except treason, felony, and breach of the peace, 
be privileged from arrest during their attendance at 
the session of their respective houses and in going to 
and returning from the same; and for any speech or 
debate in either house, they shall not be Questioned 
in any other place." 

The latter clause, " They shall not be questioned 
in any other place," means that they shall not be 
sued either in a civil case or in a criminal one for any- 
thing said or done in debate. 

249. Privileges and Disabilities of Members. — 
In order to prevent the members of Congress from 
voting to create new offices or to increase the salary of 



CIVIL GOVERNMENT OF THE UNITED STATES. 247 

others with a hope of being appointed or elected to 
fill the same, the following provisions have been made : 

1. "No Senator or ^Representative shall, during the 
time for which he was elected, be appointed to any 
civil office under the authority of the United States, 
which shall have been created, or the emoluments 
whereof shall have been increased, during such 
time; and no person holding any office under the 
United States shall be a member of either house 
during his continuance in office. 

2. " No person shall be a Senator or Kepresentative 
in Congress or Elector of President or Vice-Presi- 
dent, or hold any office, civil or military, under the 
United States, or under any State, who, having pre- 
viously taken an oath, as a member of Congress, or 
as an officer of the United States, or as a member of 
any State Legislature, or as an executive or judicial 
officer of any State, to support the Constitution of the 
United States, shall have engaged in insurrection or re- 
bellion against the same, or given aid or comfort to 
the enemies thereof. But Congress may, by a vote 
of two-thirds of each house, remove such disability." 
(Art. 14, Section 3, Amendments.) 

When the war of 1861 between the North and 
South came up, there were a great many persons hold- 
ing office under the United States government who had 
taken the oath of office — that is, sworn to support the 
Constitution of the United States. But in consequence 



248 A PRACTICAL TREATISE ON THE 

of certain affairs which came up in the administration 
of our government, and because many people in the 
South believed in the doctrine of State rights, which 
taught that a State had a right to leave the Union 
whenever the government failed to secure to them 
such principles as are set forth in the preamble of the 
Constitution, the Southern States withdrew from the 
Union and formed a government called the " Con- 
federate States of America." The above clause was 
inserted in the Constitution to prevent such persons 
from holding office. Congress, as provided above, has 
removed all of these disabilities. 

250. How Bills Become Laws. — There are three 
ways in which a bill may become a law : 

(1.) A bill, after it has passed each house by a 
majority vote, and been signed by the President, be- 
comes a law and is known as an "Act of Congress." 

(2.) When a bill passes each house by a majority 
vote, is sent to the President, and he vetoes it — that is, 
refuses to sign it — he must return it, with his objec- 
tions, to the house in which it originated. If, with 
his objections, it be reconsidered and pass each house 
by a two-thirds vote, it becomes a law. 

(3.) A bill having passed each house by a majority 
vote and been sent to the President, becomes a law 
if he fails to sign it within ten days, Sunday excepted. 

251. Manner of Voting. — When a bill or a meas- 
ure is presented to either house to be voted upon, it 



CIVIL GOVERNMENT OF THE UNITED STATES. 249 

is customary for the members to rise and be counted. 
However, if one-fifth of the members so desire it, the 
roll is called and the vote taken by yeas and nays and 
the vote entered upon the journal. This is done on 
almost all important questions to show the people how 
their representatives are voting. 

252. Journal. — Each house is required to keep 
a journal of its proceedings. These are published from 
time to time, as explained in Art. 226, except such 
part as requires secrecy. 

POWERS GRANTED TO CONGRESS. 

253. How Obtained. — The Constitution sets forth 
the powers of Congress in the eighteen clauses of 
Sec. 8, Art. 1. Upon these as a foundation, Congress 
has been legislating for the past one hundred and 
twenty years. Congress has just such powers as were 
granted to it by the States. 

Under the Articles of Confederation the States were 
sovereign — that is, they had absolute power within 
their own jurisdiction. In order to form a Union, they 
surrendered their sovereignty to the United States 
government in many ways. Therefore the National 
Government is one of delegated powers and cannot go 
beyond them. The States still have all power not 
delegated to Congress. 

Congress has power — 

1. "To lay and collect taxes, duties, imposts 
and excises, to pay the debts, and provide for 



250 A PRACTICAL TREATISE ON THE 

the common defence and general welfare of 
the United States; but all duties, imposts and 
excises shall be uniform throughout the United 
States." 

254. Taxation. — Under this clause, Congress has 
power to provide for all the necessary expenses of the 
government. It has power to levy direct taxes, which 
are of two kinds: 

(1.) Poll Tax. — A tax laid upon each individual 
without regard to his property is called a " poll tax." 

(2.) Property Tax. — A tax which requires an in- 
dividual to pay a certain per cent, upon each dollar's 
worth of property possessed by him is a " property 
tax." The value of the property is ascertained as 
explained in Art. 69. 

255. Duties. — No distinction can really be made 
in the meaning of " duties " and " imposts," for they 
signify the same thing. They are used interchange- 
ably, and are of two kinds: 

(1.) Specific Duties. — When a certain sum is 
laid upon each article, as 50 cents for each hat, 10 
cents a pound for coffee, $5 a suit for clothing, etc., it 
is called a " specific duty." 

(2.) Ad Valorem. — This word means according to 
value. Therefore a certain per cent, of the value is 
taken. As, 20 hats at $2 each, 10 per cent, ad valo- 
rem, equals $40 at 10 per cent., which equals $4, 



CIVIL GOVERNMENT OF THE UNITED STATES. 251 

A special duty and an ad valorem duty may both be 
laid upon imports at the same time. 

The government does not at present lay a tax upon 
exports or goods shipped from this country. But we 
have an 

(3.) Excise Tax. — This is a tax laid upon goods or 
articles manufactured and consumed by our own peo- 
ple, as for example, the revenue paid upon tobacco, 
whiskey and the like. It may be either specific or ad 
valorem. 

2. "To borrow money on the credit of the 
United States." 

256. National Debt. — At the close of the war 
the national debt amounted to nearly $3,000,000,000. 
Some way had to be provided whereby this enormous 
sum could be paid. Congress has been able to reduce 
the debt to about $891,000,000 in the short period 
of only thirty-five years. Congress exercises this 
power in two ways : 

(1.) Bonds. — The government issues notes, much 
as a private citizen, payable at a certain time or within 
a specified time, and bearing interest. 

These are sold out among capitalists to the highest 
bidders and are known as " Government Bonds." 

(2.) Green Back. — The government in 1862, is- 
sued notes (having green backs) in payment of certain 
obligations. These are known as green-back bills and 
were made legal tender. 



252 A PRACTICAL TREATISE ON THE 

3. "To regulate commerce with foreign na- 
tions, and among the several States, and with 
the Indian tribes," 

257. Commercial Laws. — The regulation of com- 
merce means that Congress has power to levy taxes or 
duties, and make such regulations as will render trans- 
portation and navigation as safe as possible. Each 
State had control of this matter at first and was leg- 
islating for its own commercial interests at the expense 
of the neighboring States. Congress now passes 
such laws as apply to railroads, navigation, telegraphy 
or any other business carried on among the States, 
known as " interstate traffic," and also provides regu- 
lations for the entry of foreign ships to and passage 
from our harbors. 

4. "To establish a uniform rule of naturaliza- 
tion, and uniform laws on the subject of bank- 
ruptcy throughout the United States." 

258. Naturalization. — Congress has provided 
naturalization laws; but they cannot be given here. 
The manner of naturalization has been explained in 
Arts. 133-4. Explain naturalization and give each 
step. 

259. Bankrupt Laws have been passed several 
times; but they have all been of short duration. The 
laws allow many dishonest debtors to procure a release 
from their just debts. Bankrupt laws are intended to 
be of such a kind as to release an honest debtor from 



CIVIL GOVERNMENT OF THE UNITED STATES. 253 

any further obligations when he has turned over all of 
his property to his creditors. This allows an individual 
to start anew without any obligations resting upon 
him when he has given up all he has. 

5. "To coin money, regulate the value thereof, 
and of foreign coin, and fix the standard of 
weights and measures." 

260. Object. — No State in the Union has power to 
coin money. Congress has exclusive control of the 
monetary system of our government. This power was 
given to Congress so that in all the States of the 
Union the same kind of money would be in use. 

261. Coinage. — Congress has made ample provi- 
sion for the coinage of all money by establishing 
mints, where money is coined. The principal mint of 
the United States is at Philadelphia. There ,are 
others — one at New Orleans, one at San Francisco, 
one at Carson City, and one at Denver. At Carson 
City and Denver, the mints are not in operation all 
the time. 

262. Gold Standard Unit. — Prior to the year 
1873, Congress made the " silver dollar," containing 
371.25 grains of pure silver, the unit of coinage, but 
at that time Congress so altered the laws as to make 
the gold dollar the standard. The standard gold dol- 
lar is the unit at present. It contains 23.22 grains of 
pure gold, but since 10 per cent, of our gold and silver 
money is alloy, therefore the standard gold dollar 



254 A PRACTICAL TREATISE ON THE 

weighs 25.8 grains, and the silver dollar weighs 412.5 
grains. 

263. Ratio. — Congress fixes the ratio of silver to 
gold in the coinage of money. This is found by divid- 
ing the pure silver in a silver dollar by the pure gold 
dollar. For example, since there are 371.25 grains of 
pure silver in a silver dollar and 23.22 grains of pure 
gold in a gold dollar, then the ratio is equal to 371.25 
divided by 23.22, which equals 15.9883. This is prac- 
tically the same as a ratio of 16 to 1, of which we have 
heard so much recently. 

264. Coins. — The present coins as fixed by Con- 
gress are gold, silver, nickel, and bronze. The gold 
coins are the double eagle ($20), the eagle ($10), the 
half eagle ($5), and the quarter eagle ($2.50). The 
silver coins are the dollar, half dollar, quarter dollar, 
and the dime. The nickel is the 5 cent piece. The 
bronze is the one cent piece called the copper cent. 

265. Legal Tender. — The Constitution gives 
Congress alone the right to say what money can be 
used as legal tender. " Tender " means to offer, hence 
a " legal tender " means a legal offering in payment of 
just debts. Congress has provided the following as 
a legal tender: 

(1.) Silver dollars and gold coins are legal tender 
in payment of any sum. 

(2.) Dimes, quarters and half-dollars are legal ten- 
der in any amount or sum not greater than ten dollars. 



dlVIL GOVERNMENT OF THE UNITED STATES. 255 

(3.) Nickel and bronze, or copper, in any sum not 
greater than twenty-five cents. 

(4.) Greenbacks for any amount or debt except du- 
ties and interest on bonds or the public debt. 

(5.) Treasury notes and gold and silver certificates 
in any amount. 

266. Effect of a Legal Tender. — Congress has 
made the above provisions so that when an individual 
tenders, or offers, a creditor a legal money, and he 
does not accept it, the debtor, while he is not relieved 
from the obligation, does not have to pay any interest 
that may accrue thereafter, and is relieved from the 
cost of any action that may be taken. 

267. Weights and Measures. — In 1836, for the 
convenience of trade among the States, Congress sent 
a set of weights and measurements, as used in the 
Custom House, to each State. These were adopted 
and are now the >standards throughout the United 
States. 

6. "To provide for the punishment of coun- 
terfeiting the securities and current coin of the 
United States." 

268. Special Statutes. — Congress has provided 
special laws for the punishment of all who are found 
guilty of making counterfeit money. The punishment 
is usually very severe. The United States govern- 
ment, for counterfeiting money, imposes a penalty, or 



256 A PRACTICAL TREATISE ON THE 

a fine, to the extent of $5,000 and ten years' imprison- 
ment at hard labor. 

"Not only has the United States enacted laws prohib- 
iting the counterfeiting of money, but most of the 
States have done so, as for example, Arkansas has 
made it an offence, punishable with not less than five 
years in the State penitentiary. 

7. "To establish post-offices and post-roads." 

269. Postal Service. — Congress has provided an 
excellent postal system for the United States. Under 
this provision comes the establishment of post-offices 
and post-roads, the making of stops, and the letting 
of contracts for the transportation of mail. This sys- 
tem will be more fully treated in Arts. 433-6, under 
the Postmaster-General. 

8. "To promote the progress of science and 
useful arts, by securing for limited times to 
authors and inventors the exclusive right to their 
respective writings and discoveries." 

270. Copyrights and Patents. — In order to en- 
courage authorship and invention in the United States 
and to promulgate science and the useful arts, Con- 
gress has provided a copyright and a patent law which 
secures to an individual the exclusive use and control 
of his own copies, inventions or discoveries. (See 
Art. 447.) 



CIVIL GOVERNMENT OE THE UNITED STATES. 257 

g. "To constitute tribunals inferior to the 
Supreme Court." 

271. Inferior Courts. — A tribunal means simply 
a court of justice. The Constitution provides that 
the judicial power of the United States shall be vested 
in one Supreme Court and in such inferior courts as 
Congress may from time to time ordain and establish. 
Circuit and District Courts, Courts of Appeal, Court 
of Claims, Court of the District of Columbia, and the 
Territorial Courts have been provided under the above 
clause. (See Courts.) 

10. "To define and punish felonies committed 
on the high seas, and offences against the law 
of nations." 

272. Piracy. — We are looked upon by other na- 
tions as citizens of the United States and not of a sin- 
gle State, hence if we become pirates, or are guilty of 
felony upon the high seas, our government is held re- 
sponsible and not the State in which we live. Congress 
therefore has, and by right ought to have, control of 
the matter. 

Piracy is usually defined as forcible robbery upon 
the high seas. Felony may be used to designate any 
crime of an aggravated character. 

n. "To declare war, grant letters of marque 
and reprisal, and make rules concerning cap- 
tures on land and water." 

17 



258 A PRACTICAL TREATISE ON THE 

273. Declaring War. — When war is declared, 
every State in the Union has to bear a part of the 
burden, hence it is readily seen that no State or indi- 
vidual should have such a right, but that such power 
should be in the hands of the people or their represen- 
tatives; therefore, it has justly been given to the Na- 
tional Government. 

274. Letters of Marque and Reprisal. — A doc- 
ument issued by Congress authorizing private citizens 
to seize or take the persons or goods of another 
nation for wrongs committed by them is called " Let- 
ters of Marque and Reprisal." Vessels sent out with 
such letters and for such purposes are called privateers. 
Reprisal is the act of forcibly seizing or taking per- 
sons or property from another nation, for injuries 
done by it, to the nation or government granting such 
letters. 

12. "To raise and support armies; but no 
appropriation of money to that use shall be for 
a longer term than two years." 

13. "To provide and maintain a navy." 

14. "To make rules for the government and 
regulation of the land and naval forces." 

15. "To provide for calling forth the militia to 
execute the laws of the Union, suppress insur- 
rections, and repel invasions." 

275. Army and Navy. — All governments, in order 
to enforce the laws passed by them, to maintain their 



CIVIL GOVERNMENT OF THE UNITED STATES. 259 

rights and privileges among other nations and to force 
their own citizens to be obedient, must have an army 
and a navy. Laws, without an executive power be- 
hind them, are of but little value. 

The principle upon which our government has man- 
aged the war and navy departments seems to be a good 
one. The principle is, that the army and navy should 
be no larger at any time than the immediate circum- 
stances demand; but the government should keep suffi- 
cient resources, and maintain such power as will be 
necessary to raise, in the shortest possible time, an 
army and a navy equal to any emergency that might 
arise. For War and Kavy see Arts. 425-429 and 437- 
441. 

16. "To provide for organizing, arming, and 
disciplining the militia, and for governing such 
part of them as may be employed in the service 
of the United States, reserving the appointment 
of the officers and the authority of training the 
militia according to the discipline prescribed 
by Congress." 

276. Militia.— The Governor is the Commander- 
in-Chief of the military and naval forces of his State 
except when in the actual service of the United States, 
then they are under the direct control of the govern- 
ment. They are managed at all times according to the 
plans of the United States government. 

17. "To exercise exclusive legislation, in all 
cases whatsoever, over such district (not ex- 



260 A PE ACTIO AL TREATISE ON THE 

ceeding ten miles square) as may, by cession 
of particular States and the acceptance of Con- 
gress, become the seat of government of the 
United States, and to exercise like authority over 
all places purchased, by consent of the Legisla- 
ture of the State in which the same shall be, 
for the erection of forts, magazines, arsenals, 
dock-yards, and other needful buildings." 

277. District of Columbia. — If the seat of our 
government had been located within the jurisdiction 
of any State, Congress, all United States officers, and 
much of the workings of Congress would necessarily 
be dependent upon the State for protection. If the 
State should refuse such protection, as did Pennsyl- 
vania when Congress moved from Philadelphia to 
Princeton, !N". Y., Congress would have to move to 
some other State where protection could be had. This 
is why Congress or the seat of government was put in 
a district outside of the jurisdiction of any State. 

18. "To make all laws which shall be neces- 
sary and proper for carrying into execution the 
foregoing powers, and all other powers vested 
by this Constitution in the government of the 
United States, or in any department or officer 
thereof." - 

278. Under this clause, Congress has power to 
enact any law that will insure the execution of our 
national laws and require all public officers to execute 
them in the proper way and as speedily as possible. 



CIVIL GOVERNMENT OF THE UNITED STATES. 261 

Congress has other powers which will be found 
under their proper headings. 

POWERS DENIED CONGRESS. 

279. Object. — In order to secure to every individ- 
ual certain rights and privileges which seem to be- 
long to us by the absolute principle of right, Congress 
has been denied the following powers: 

1. " The privilege of the writ of habeas corpus 
shall not be suspended unless when, in case of rebel- 
lion or invasion, the public safety may require it. For 
an explanation of habeas corpus see. Art. 113. 

2. " No bill of attainder nor ex post facto law 
shall be passed. For the meaning of attainder and 
for ex post facto see Art 113, paragraph 3. 

3. " No capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration 
hereinbefore directed to be taken. 

" Congress provides that the census shall be taken 
every ten years, as 1870, 1880, and 1890. It requires 
the work to be finished within three years. So we 
get the census really of 1873, 1883 and 1893. 

4. " No tax or duty shall be laid on articles ex- 
ported from any State. 

5. " No preference shall be given by any regula- 
tion of commerce or revenue to the ports of one State 
over those of another; nor shall vessels bound to or 
from one State be obliged to enter, clear, or pay 
duties in another. 



£62 A PRACTICAL TREATISE ON THE 

" This gives us a free exchange of all products or 
commodities throughout the United States and does 
not discriminate against certain industries. We can 
hardly imagine what a hindrance it would be to 
commerce^ if on all goods brought into each State 
duties had to be paid. 

6. " ~No money shall be drawn from the treasury 
but in consequence of appropriations made by law; 
and a regular statement and account of the receipts 
and expenditures of all public money shall be pub- 
lished from time to time. 

" Congress, during one of its sessions, makes appro- 
priations for each individual department of the gov- 
ernment. JSTo more money than the exact amount 
appropriated can be spent for any one thing. If more 
money had to be used than what had been appro- 
priated for that particular purpose, there would have 
to be a special session of Congress called to make the 
needed appropriation. 

7. a No title of nobility shall be granted by the 
United States; and no person holding any office of 
profit or trust under them shall, without the consent 
of Congress, accept of any present, emolument, office, 
or title of any kind whatever, from any king, prince, 
or foreign State. 

8. " Congress shall make no law respecting an es- 
tablishment of religion, or prohibiting the free exer- 
cise thereof, or abridging the freedom of speech, or of 
the press; or the right of the people peaceably to 



CIVIL GOVERNMENT OE THE UNITED STATES. 263 

assemble, and to petition the government for a redress 
of grievances. (See Amendment I. to the Constitu- 
tion.) 

9. " The validity of the public debt of the United 
States, authorized by law, including debts incurred 
for payment of pensions and bounties for services in 
suppressing insurrection or rebellion, shall not be 
questioned. But neither the United States nor any 
State shall assume or pay any debt or obligation in- 
curred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emancipa- 
tion of any slave; but all such debts, obligations, and 
claims shall be held illegal and void." 

POWERS DENIED THE STATE. 

280. Unconditional. — "No State shall enter into 
any treaty, alliance, or confederation; grant letters 
of marque* and reprisal, coin money, f emit bills of 
credit; make anything but gold and silver coin a ten- 
der J in payment of debts; pass any bill of attainder, 1" 
ex post facto** law, or laws impairing the obligation 
of contracts; or grant any title of nobility. 

281. Conditional.— (1.) " No State shall, without 
the consent of Congress, lay any imposts or duties on 
imports or exports except what may be absolutely nec- 
essary for executing its inspection laws; and the net 



* See Art. 274. f See Art. 261. % See Art. 265. ff See Art. 
113. ** See Art. 113, Par. 3. 



264 A PRACTICAL TREATISE ON THE 

produce of all duties and imposts laid by any State 
on imports or exports shall be for the use of the 
treasury of the United States; and all such laws shall 
be subject to the revision and control of Congress. 

(2.) " No State shall, without the consent of Con- 
gress, lay any duty of tonnage, keep troops or ships 
of war in time of peace, enter into any agreement or 
compact with another State or with a foreign power, 
or engage in war, unless actually invaded, or in such 
imminent danger as will not admit of delay." 

SPECIAL PROVISIONS. 

282. Form of Government. — The United States 
government is republican in form. A republican 
form of government is one conducted and managed, 
and all authority exercised, by representation of the 
people. A pure democratic form of government is 
one managed, and all authority exercised by the peo- 
ple present in person. It would be impossible to have 
any other form of government than a republic or a 
representative democracy in as large a country as the 
United States, for we could not assemble in one body 
and speak for ourselves. 

283. Object of Government. — The object of our 
National government is " To form a more perfect 
Union; to establish justice; to insure domestic tran- 
quillity; to provide for the common defence; to pro- 
mote the general welfare; and to secure the blessings 
of liberty to ourselves and our posterity." 



CIVIL GOVERNMENT OE THE UNITED STATES. 265 

Many of us have never yet learned that the govern- 
ment is for ns. We look "upon it as a third person. 
We do not realize that we are playing a double part — - 
we are not only the subjects; but we are the rulers. 
The government is only a plan for the management of 
ourselves. Every word of the Constitution has for its 
foundation the promotion of our general welfare. We 
need to learn that the government is for the people, 
and that we are the people. If thus understood, our 
interest in the government would be greatly increased 
and we would do more to support it. 

284. Citizens. — All persons born or naturalized in 
the United States, and subject to the jurisdiction 
thereof, are citizens of the United States and the State 
wherein they reside. There is a difference between 
a citizen and a voter. Men, women and children 
are citizens; but only men, usually, having certain 
qualifications, are voters. Citizens are protected by 
our government at home and abroad, hence citizenship 
means something to us. 

285. Right of Suffrage. — " The right of the 
citizens of the United States to vote shall not be de- 
nied or abridged by the United States or any State on 
account of race, color or previous condition of ser- 
vitude." 

286. Servitude. — " Neither slavery nor involun- 
tary servitude, except as a punishment for crime, 
whereof the party shall have been duly convicted, 
shall exist within the United States, or any place sub- 
ject to their jurisdiction," 



266 A PRACTICAL TREATISE ON THE 

287. Security of Person. — "The right of the 
people to be secure in their person, home, papers, and 
effects, against unreasonable searches and seizures, 
shall not be violated; and no warrants shall issue but 
upon probable cause, supported by oath or affirma- 
tion, and particularly describing the place to be 
searched, and the person or things to be seized." 

288. Privilege of Owner. — " No soldier shall, in 
time of peace, be quartered in any house without the 
consent of the owner; nor in time of war, but in 
a manner to be prescribed by law." 

289. A Trial for Crime. — " No person shall be 
held to answer for a capital or otherwise infamous 
crime, unless on a presentment or indictment of a 
grand jury, except in cases arising in the land or naval 
forces, or in the militia when in active service in time 
of war or public danger; nor shall any person be sub- 
ject for the same offence to be twice put in jeopardy 
of life or limb ; nor shall be compelled, in any criminal 
case, to be a witness against himself; nor be deprived 
of life, liberty, or property, without due process of 
law; nor shall private property be taken for public use 
without just compensation." 

290. Right of the Accused. — " In all criminal 
prosecutions, the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the 
State and district wherein the crime shall have been 
committed, which district shall have been previously 
ascertained by law, and to be informed of the nature 



CIVIL GOVERNMENT OF THE UNITED STATES. 267 

and cause of the accusation ; to be confronted with the 
witnesses against him; to have compulsory process 
for obtaining witnesses in his favor; and to have the 
assistance of counsel for his defence." 

291. Suits. — " In suits at common law, where the 
value in controversy shall exceed twenty dollars, the 
right of trial by jury shall be preserved; and no fact 
tried by a jury shall be otherwise re-examined in any 
court of the United States than according to the rules 
of the common law." 

292. "Excessive Bail shall not be required, nor 
excessive fines imposed, nor cruel and unusual punish- 
ment inflicted." 

293. Other Rights. — " The enumeration in the 
Constitution of certain rights shall not be construed 
to deny or disparage others retained by the people." 

294. Militia. — "A well-regulated militia being 
necessary to the security of a free State, the right of 
the people to keep and bear arms shall not be in- 
fringed." 

295. Return of Criminals. — "A person charged 
in any State with treason, felony, or other crime, who 
shall flee from justice, and be found in another State, 
shall, on demand of the executive authority of the 
State from which he fled, be delivered up, to be re- 
moved to the State having jurisdiction of the crime." 
A demand issued by the executive authority for the 
delivery of fugitive criminals is called a " requisi- 
tion." 



268 A PRACTICAL TREATISE ON THE 

AMENDMENTS. 

296. Congress May Propose. — Whenever two- 
thirds of both houses of Congress deem it necessary, 
they may propose to the several States an amend- 
ment to the Constitution. 

297. State Legislatures. — On application of the 
Legislatures of two-thirds of the several States, Con- 
gress shall call a convention of delegates from the 
several States for proposing amendments. 

298. Ratification. — These proposed amendments, 
in either case, shall be valid to all intents and purposes 
as part of this Constitution, when ratified by the Legis- 
latures of three-fourths of the several States or by con- 
vention in three-fourths, as the one or the other mode 
of ratification may be proposed by Congress. 

Nineteen amendments have been proposed by Con- 
gress and fifteen of them ratified by three-fourths of 
the State Legislatures and have become a part of the 
Constitution. The other four were lost. All amend- 
ments have been made by the first method. (Art. 
296.) 

NEW STATES. 

299. Admission. — By special act of Congress, 
States are admitted into the Union. A memorial is 
sent to Congress by an organized Territory having 
the required population, asking for admission. Upon 
the receipt of the memorial, Congress passes a law 
called an " enabling act." This act simply authorizes 



CIVIL GOVERNMENT OF THE UNITED STATES. 269 

the people of the Territory to frame a constitution.* 
When the constitution has been framed and adopted 
by the State and submitted to the Supreme Court for 
examination, and found not to conflict with the Con- 
stitution of the United States, Congress passes another 
act admitting the new State into the Union. Each 
new State, as soon as it is admitted, has the same 
rights and privileges that belong to any and all of the 
other States. 



* FOKMATION AND ADOPTION OP A CONSTITUTION. — Since 

it would be impossible for all the people to meetj frame, 
and adopt a constitution, it becomes necessary to elect dele- 
gates to a State meeting called a Constitutional Convention 
The convention frames a constitution as nearly in harmony 
with the needs of the people as possible, signs and submits it 
to the people for their approval or disapproval. This is 
done in the same way as our general elections — by a vote of 
die people. If a majority vote for the proposed constitution, 
it becomes the constitution of the State. If a majority op- 
pose it, the constitution is lost and another convention has 
to be called, delegates elected, and so continue until a con- 
sitution is adopted by a majority vote. 

REVIEW QUESTIONS. 

1. In what is the legislative department vested? 2. Why 
are there two divisions? 3. What is the object of Senators? 
4. Of Representatives? 5. When, where, and how often does 
Congress meet? 6. How many Congresses have there been 
and how are they numbered? 7. Who has the power to call 
a special session of Congress? 8. What is the object of a 
special session? 9. Give one, by whom called, and what 
was the object? 10. How often are Representatives elected? 
11. How many in Congress at present? 12. Explain quali- 



270 



A PRACTICAL TREATISE ON THE 



fication of electors for Representatives. 13. Give qualifica- 
tions of Representatives. 14. Explain manner of apportion- 
ment. 15. What is the ratio at present? 16. "What are 
congressional districts and how many in your State? 17. 
What State has the greatest representation? 18. What is 
a " Congressman at Large "? 19. Give salary of both Sena- 
tors and Representatives. 20. How are vacancies filled in 
a State's representation? 21. Who calls Congress to order 
and presides during the election of Speaker? 22. By whom 
is the Speaker sworn into office? 23. Give duties of Speaker 
and his salary. 24. Give duties of Sergeant-at-Arms. 25. 
How does he preserve order? 26. Give duties of Clerk of 
the House. 27. Of Doorkeeper. 28. Of Postmaster. 29. 
Of Chaplain. 30. Give special powers of the House. 31. 
What officers may be impeached? 32. Explain how it is 
done. 33. What is the result? 34. By whom and for what 
length of time are Senators elected? 35. Give qualifications. 
36. Explain how they are elected. 37. Should a vacancy 
occur, how is it filled? 38. Who presides over the Senate? 
39. Give other officers of the Senate and duties. 40. Give 
special powers of the Senate. 41. When does Congress 
meet? 42. Why may the Senate be called a continuous 
body? 43. Who decides as to the qualifications of mem- 
bers? 44. What constitutes a quorum to transact business 
in Congress? 45. How are rules provided? 46. What can 
you say about liberty of speech in Congress? 47. Give 
privileges and disabilities of members. 48. Explain the 
three ways in which a bill may become a law. 49. How is 
the vote taken in Congress? 50. What is a Journal, and 
what is the object of it? 51. What is the first power granted 
to Congress? 52. What is (1) taxation; (2) poll-tax; (3) 
property tax; (4) duties and imposts; (5) specific duty; 
(6.) ad valorem; (7) excises? 53. What is the second power? 
54. What is (1) a bond; (2) greenback? 55. What is the 
third power? 56. What is commercial law? and give an 
example. 57. Give fourth power of Congress. 58. Explain 
naturalization laws. 59. Give fifth power of Congress. 60. 
Has a State power to coin money? 61. Explain coinage. 



CIVIL GOVERNMENT OF THE UNITED STATES. 271 

62. Explain the gold-standard unit. 63. What is the ratio 
at present? 64. What are the legal coins? 65. What is 
meant by a " legal tender " and what money is legal tender? 
66. What is the effect of a legal tender? 67. What has Con- 
gress done in regard to weights and measurements? 68. 
What is the sixth power of Congress? 69. What is the 
punishment for counterfeiting? 70. What is the seventh 
power? 71. What are the duties of the postal service? 72. 
What are the eighth, ninth, tenth, and eleventh powers? 73. 
Explain what has been done under each. 74. What is meant 
by " reprisal "? 75. Give twelfth, thirteenth, fourteenth, and 
fifteenth powers. 76. What is the principle upon which 
our government manages the army and navy? 77. Give 
sixteenth power. 78. Who is commander-in-chief of the 
militia? 79. What is the seventeenth power? 80. Why is 
the seat of our government in a district? 81. What is the 
eighteenth power? 82. Give the powers denied Congress 
and explain each. 83. Give the powers denied the States. 
84. Under what kind of government are we living? 85. 
Explain the difference between a democratic and a republi- 
can form of government. 86. What is the object of govern- 
ment? 87. Who are citizens of the United States? 88. 
What is meant by suffrage? 89. May slavery or involun- 
tary servitude exist in the United States? 90. What guar- 
antee have we of "security of person"? 91. What rights 
have we as owners? 92. What rights have we as criminals? 
93. What rights have we in suits? 94. What is a " requisi- 
tion"? 95. What is an amendment to a constitution? 96. 
What are the two ways of making amendments? 97. How 
many States must ratify? 98. How many amendments have 
been proposed and how many made? 99. What is meant 
by an organized Territory? 100. What is an "enabling 
act"? 101. Explain how new States are admitted into the 
Union. 



272 A PRACTICAL TREATISE ON THE 



CHAPTER XIL 



^phe United State; 



(CONTINUED.) 



JUDICIAL DEPARTMENT. 

300. Provision. — The Constitution provides that 
the judicial power of the United States shall be vested 
in one Supreme Court and in such inferior courts 
as Congress may from time to time ordain and estab- 
lish. 

Our judicial system at present includes the follow- 
ing: 

United States Supreme Court, Circuit Courts, Cir- 
cuit Courts of Appeal, District Courts, Supreme 
Court of the District of Columbia, Court of Claims, 
Territorial Courts, and Commissioners' Courts. 

301. Jurisdiction. — Jurisdiction means the right 
to hear and pass upon any cause of action. (For origi- 
nal and concurrent jurisdiction see Arts. 32 and 33 5 
and for appellate jurisdiction see Art. 126.) 

302. Jurisdiction of United States Courts. — 
The Constitution, in Art. 3, Sec. 2, Clause 1, sets 



CIVIL GOVERNMENT OF THE UNITED STATES. 273 

forth the following classes of suits which are under 
the jurisdiction of United States Courts: 

1. Cases in law and equity* arising under the 
United States Constitution, the laws of the United 
States, and treaties made, or which shall be made, 
under their authority. 

2. Cases affecting ambassadors, other public min- 
isters, and consuls. 

3. Cases of admiralty and maritimef jurisdiction. 

4. Controversies to which the United States shall 
be a party. 

5. Controversies between two or more States. 

6. Between a State and citizens of another State. 

7. Between citizens of different States. 

8. Between citizens of the same State claiming 
lands under grants of different States; and 

9. Between a State, or the citizens thereof, and for- 
eign States, citizens or subjects. J 



* For equity see Article 144, Chancery Courts. 

f Admiralty and maritime jurisdiction have reference to 
cases arising on the sea, as collisions, repairing vessels, con- 
tracts for carrying mail, passengers, or any kind of freight. 
Many of these cases affect foreigners and foreign commerce, 
hence a State could have no jurisdiction over such cases. 

JThis clause has been modified by Amendment XI., which 
is as follows: 

" The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity commenced or 
prosecuted against one of the United States by citizens of 
another State, or by citizens or subjects of any foreign 

18 



274 A PRACTICAL TREATISE ON THE 

303. United States Judges. — All United States 
judges, except the judges of territorial courts, hold 
office for life or during good behavior, and receive 
sueh compensation as may be fixed by law, and cannot 
be diminished during their continuance in office. 

Any judge who has served ten years at the age of 
seventy, may retire from office and draw the same 
salary during his life that he received on retiring from 
office. The judges are appointed by the President and 
confirmed by the Senate. They are subject to im- 
peachment and, in this way, may be removed from 
office. (See Art. 2, Sec. 4, of the Constitution.) 

SUPREME COURT. 

304. Justices. — The Supreme Court of the United 

States is composed of one Chief Justice and eight 
Associate Justices, nominated by the President and 
confirmed by the Senate. 

The following is a list of all the chief justices of the 
United States from the organization of the Supreme 
Court to the present time (1907): 



State." That is, this power must not be so construed as to 
allow any State to be made defendant in any case of law or 
equity commenced or prosecuted by private persons or cor- 
porations. A suit cannot be brought against the United 
States in a direct way as against an individual except by 
special act of Congress; nor can a suit be brought against a 
State by a citizen of another State, or by its own citizens 
except by special act of the Legislature, 



CIVIL GOVERNMENT OF THE UNITED STATES. 275 



CHIEF JUSTICES. 



WHEN, BY WHOM, AND FROM WHAT STATE 
APPOINTED. 



Names of 
Chief Justices. 


By whom 
Appointed. 


State. 


Time. 




Washington 

Washington 

Washington 

Washington 

John Adams 

John Adams 

Andrew Jackson. . . 
Lincoln 


New York 

South Carolina. 
Massachusetts.. 

Connecticut 

New York 

Virginia 

Maryland 

Ohio 


Sept. 26, 1789. 
July 1, 1795. 
Jan, 27, 1796. 
March 4, 1796. 
Dec. 19, 1800. 


John Rutledge 

William Cushing. . . 
Oliver Ellsworth... 


John Marshall 

Roger B. Taney 


Jan. 27, 1801. 
Dec. 28, 1835. 
Dec. 6, 1864. 




Ohio. . 


Jan. 21, 1874. 


Melville W. Fuller* 


Cleveland 


Illinois . . . 


July 20, 1888. 







♦Fuller is still Chief Justice. 

305. Precedence. — The associate justices have 
precedence according to the date of their commission, 
or when the commissions of two or more of them bear 
the same date, according to their ages. 

306. Salary. — The eight associate justices receive 
$12,500 each a year and the chief justice receives 
$13,000. 

307. Term. — The Supreme Court holds annual ses- 
sions at Washington, D. C, beginning on the second 
Monday of October. Any six judges constitute a 
quorum, and if five or more agree upon any point, 
it becomes the decision of the court. 

308. Jurisdiction. — The Supreme Court is princi- 
pally a court of appeals. It exercises appellate juris- 
diction" over all cases mentioned in Art 302 except 

f For appellate jurisdiction see Art. 126, 



276 A PRACTICAL TREATISE ON THE 

cases affecting ambassadors, public ministers and con- 
suls, and cases in winch a State is a party. Over these 
cases it exercises original jurisdiction.! 

One important function of the United States Su- 
preme Court is to interpret the Constitution and to 
decide whether State constitutions or State laws con- 
flict with the Constitution of the United States or the 
national laws. It has power also to hear appeals from 
State courts upon the grounds that the decision by the 
State court conflicts with the Constitution or laws of 
the United States. The Supreme Court may reverse 
its own decisions and does do so sometimes; but in all 
cases its decisions are final, until reversed; for, from 
it, there are no appeals. 

309. Other Officers. — The Supreme Court ap- 
points a clerk, a marshal, and a reporter. The court 
may appoint deputies on application of the clerk. The 
marshal receives 'annually $3,500. The reporter 
causes the decisions of the Supreme Court to be 
printed within eight months after they are made. 
The reporter receives $2,500 a year when the report 
consists of only one volume, and an additional sum of 
$1,500 on the publication of a second volume in any 
one year. The marshal waits upon the court, exe- 
cutes its orders, and performs other duties imposed by 
Congress. He is the chief ministerial officer. 

CIRCUIT COURTS. 

310. Number. — Congress has divided the United 

-(■For original jurisdiction see Arts. 32 and 33. 






CTVtL GOVERNMENT OF THE UNITED STATES. 27? 

States into nine judicial circuits. Each new State as 
it comes into the Union is assigned to one of these 
judicial circuits. Congress also has power to change 
them, but has not done so for a number of years, and, 
perhaps, will not except as new States are admitted 
and attached to some one of the nine judicial circuits. 
The following are the United States judicial circuits 
as they exist at present (1907) : 

UNITED STATES JUDICIAL CIRCUITS. 

First. Maine, New Hampshire, Massachusetts, 
Rhode Island. 

Second. New York, Connecticut, Vermont. 

Third. Pennsylvania, New Jersey, Delaware. 

Fourth. Maryland, Virginia, West Virginia, North 
Carolina, South Carolina. 

Fifth. Georgia, Alabama, Florida, Mississippi. 
Louisiana, Texas. 

Sixth. Tennessee, Kentucky, Ohio, Michigan. 

Seventh. Illinois, Indiana, Wisconsin. 

Eighth. Minnesota, North Dakota, South Dakota, 
Nebraska, Iowa, Kansas, Missouri, Arkansas, Colo- 
rado, Utah, Wyoming, New Mexico, Oklahoma. 

Ninth. Washington, Oregon, Idaho, Nevada, Mon- 
tana, California, Alaska, Arizona, Hawaii. 

Pupils should draw a United States map and locate 
the above judicial circuits. This map should be 
kept, and as the other judicial divisions are explained, 
the places where courts are held and also the divisions 
should be located upon it. 



278 A PRACTICAL TREATISE ON THE 

311. Jurisdiction. — The Kevised Statutes of the 
United States set forth twenty classes of cases over 
which the Circuit Court exercises exclusive original 
jurisdiction and among which may be found such cases 
as bankruptcy, copyrights, patents, suits against per- 
sons having a knowledge of conspiracy, against officers 
and owners of vessels, national banks and in crimes 
against the United States. It also exercises appellate 
jurisdiction in certain cases tried in the district courts. 

312. Allotment of Circuits. — By an order of the 
Supreme Court, the Chief Justice and the eight as- 
sociate justices are allotted among the nine judicial 
circuits of the United States. When the circuits are 
altered, new justices appointed or for other conve- 
niences, the above allotment shall be made. 

313. Judges. — The law requires each of the judges 
to go into the circuit to which he is allotted, travel in 
person throughout the circuit and hold one term of 
court in each district composing the circuit at least 
once in every two years. 

For each of the judicial circuits explained above, 
there shall be appointed by the President and con- 
firmed by the Senate another circuit judge, who shall 
have the same power and jurisdiction as the justices of 
the Supreme Court, allotted to it, and shall be entitled 
to receive a salary at the rate of $7,000 a year. He is 
required by law to reside within the circuit. 

314. Terms of Court. — The Circuit Court is held 
by the circuit justice allotted to the circuit, or by 



CIVIL GOVERNMENT OE THE UNITED STATES. 279 

the circuit judge of the circuit, or by the district judge, 
or by any two of them sitting together. In all cases the 
circuit judge goes into the district and at the United 
States district court-house holds the Circuit Court. 
There is not a special court-house located within each 
circuit where the Circuit Court is held and cases 
brought from all parts of the circuit to it, as in the 
case of courts of appeals. 

DISTRICT COURTS. 

315. Districts. — Congress has subdivided the ju- 
dicial circuits into judicial districts. Each State con- 
stitutes a district, but in many cases two or more 
districts have been organized within a State. The 
following is a list of the States showing the number 
of judicial districts in each: 

JUDICIAL DISTRICTS. 



Alabama, E* M. N.. 3 

Arkansas, E.W 2 

California, N. S 2 

Coloradof 1 

Connecticut 1 

Delaware 1 

Florida, N. S 2 

Georgia, N. S 2 

Idaho 1 

Illinois, N.S 2 

Iowa, N.S 2 

Kansas 1 

Kentucky , . . . 1 

Louisiana 1 

Maine 1 



Maryland 1 

Massachusetts 1 

Michigan. E. W 2 

Minnesota 1 

Mississippi, N. S 2 

Missouri, E. W 2 

Montana 1 

Nebraska 1 

Nevada 1 

New Hampshire 1 

New Jersey 1 

New York, N. S. E.. 3 
No. Carolina, E. W.. 2 

North Dakota 1 

Ohio,N. S 2 



Oregon 1 

Pennsylvania, E.W. 2 

Rhode Island 1 

So. Carolina, E.W. . 1 

South Dakota 1 

Tennessee, E.M. W. 3 

Texas, N. E.W 3 

Utah 1 

Vermont 1 

Virginia, E W 2 

Washington 1 

West Virginia 1 

Wisconsin, E. W 2 

Wyoming 1 



*E. for Eastern District; M. for Middle District; N. for Northern 
District ; S. for Southern District, and W. for Western. These should be 
read " Eastern District of Alabama," " Middle District of Alabama," etc. 

i When no letters are given it simply means that it is the " District 
of Colorado," or whatever State it may be applied to, 



280 A PRACTICAL TREATISE ON THE 

316. District Courts. — In each of the United 
States districts a court-house is erected, and a court, 
known as the United States or Federal Court, is or- 
ganized. Congress fixes by law the time and place for 
holding the court. 

317. Subdivisions of District. — For the sake of 
convenience in holding the courts, Congress has di- 
vided some of the districts into as many as half a 
dozen divisions. In such cases the law requires the 
judge of the district to go into each subdivision and 
hold the United States court at such time and place 
as Congress may provide. This is why the District 
Courts are held at so many different places in the same 
State. 

318. Judges. — In each district, a judge is appointed 
by the President and confirmed by the Senate. He 
may hold his office for life or retire from service 
on full pay at the age of seventy, if he has served 
for ten consecutive years. By special act of Congress 
the salary of the district judge is fixed, ranging from 
two to six thousand dollars a year. 

319. Jurisdiction. — The District Court has origi- 
nal jurisdiction in all cases both civil and criminal 
arising under any of the United States laws, except 
when such jurisdiction has been given to some other 
higher court. 

320. District Marshal. — In each of these districts, 
except as otherwise provided, a United States marshal 
is appointed by the President for a term of four years, 



CIVIL GOVERNMENT OF THE UNITED STATES. 281 

He gives bond before entering upon the discharge of 
his duty, and has power to appoint as many deputies 
as may be necessary to transact the business of the 
district. He receives such compensation as Congress 
may from time to time provide for his district. In 
many cases the United States marshal receives as much 
as $5,000 a year. 

321. District Attorney. — -In each judicial dis- 
trict, except as otherwise provided, a district attorney 
is appointed by the President for a term of four years. 
He is a person learned in the law and acts as an attor- 
ney for the United States. A district attorney receives 
such salary as Congress may prescribe for his district. 

322. Clerk. — The judge of each judicial district 
appoints a clerk whose duty it is to record a]l proceed- 
ings of the court. On the application of the clerk 
to the district judge, as many deputy clerks may be 
appointed by said judge as are necessary to record the 
business of the court in a reasonable time. The emol- 
uments of the clerks and deputy clerks are fixed by 
special acts of Congress. 

CIRCUIT COURT OF APPEALS. 

323. Provision. — In 1892, Congress provided for 
the establishment of a circuit court of appeals in each 
judicial circuit, which consists of three judges, the 
chief justice, or one associate justice, the circuit judge, 
and one district judge, any two of whom constitute 3 



282 A PRACTICAL TREATISE ON THE 

quorum. It is a court of records with appellate juris- 
diction only. 

324. Clerk and Marshal. — The court has power 
to appoint a clerk and a marshal, whose duties are the 
same as the clerk and marshal of the United States 
Supreme Court, (See Art. 309.) The clerk receives 
$3,000 and the marshal $2,500 a year. 

325. Location and Term. — In each judicial cir- 
cuit of the United States, at least one term of the 
Circuit Court of Appeals shall be held annually. Con- 
gress has established a court at each of the following 
places and has given the court power to designate 
other places if the business of the court demands it: 

First Circuit Boston. Fifth Circuit New Orleans. 

Second Circuit New York. Sixth Circuit., Cincinnati. 

Third Circuit Philadelphia. Seventh Circuit Chicago. 

Fourth Circut Richmond. Eighth Circuit St. Louis. 

Ninth Circuit San Francisco. 

326. Disqualification. — No judge can sit as judge 
of the Circuit Court of Appeals when the case ap- 
pealed has been tried before him in a lower court, 

COURT OF CLAIMS. 

3270 Establishment.— In 1854, February 24, 
Congress established the Court of Claims. It is com- 
posed of one chief justice and four associate jus- 
tices, who are appointed by the President and con- 
firmed by the Senate. Each of them take an oath 
to support the Constitution of the United States and 
to discharge the duties of his office faithfully. The 



CIVIL GOVERNMENT OF THE UNITED STATES. 283 

judges hold their office for life or during good be- 
havior, and receive an annual salary of $6,000. 

328. Term. —The Court of Claims holds one annual 
session at the city of Washington, beginning on the 
first Monday of December and continuing as long 
as may be necessary for the prompt disposition of the 
business of the court. Any three of the judges con- 
stitute a quorum. 

329. Object. — The Court of Claims was established 
for the purpose of hearing claims against the United 
States ; so when any one has a claim against the United 
States, it is submitted to the Court of Claims for trial. 
Congress usually allows all claims declared to be legal 
and just by this court. 

.330. Other Officers. — The Court of Claims has 
power to appoint a chief clerk, who receives $3,000 
a year; an assistant clerk, who receives $2,000; a 
bailiff, who receives $1,500 a year; and a messenger, 
who receives $840. The duties of these officers are 
readily understood from the titles. 

SUPREME COURT OF THE DISTRICT OF 
COLUMBIA. 

331. Judges. — The Supreme Court of the District 
of Columbia is composed of six judges, one chief 
justice and five associates, appointed by the President 
and confirmed by the Senate. They hold office for 
life or during good behavior. The chief justice re- 
ceives $5,000 and the five associate justices each re- 



284 A PRACTICAL TREATISE ON THE 

ceive $4,500 a year. A quorum consists of any two 
sitting together. They must agree in order to have a 
decision of the court. 

332. Jurisdiction. — All cases arising in the Dis- 
trict of Columbia are tried first in the Supreme Court 
of the District of Columbia, after which an appeal 
may be taken to the Supreme Court of the United 
States. Its jurisdiction does not extend beyond the 
bounds of the District. It was organized for no other 
purpose than to try cases arising within the District of 
Columbia. 

TERRITORIAL COURTS. 

333. Judges. — In each Territory, United States 
courts have been organized and are very much like the 
United States District Courts. They are composed of 
three judges, one chief justice and two associate jus- 
tices, appointed by the President for a term of four 
years and subject to removal at any time. They each 
receive $3,000 annually. 

334. Term of Court. — The three judges, two of 
whom constitute a quorum, hold one term of court 
annually at the seat of government of the Territory. 
This is known as the Supreme Court of the Territory. 

335. District Courts of the Territory. — Every 
Territory is divided into three judicial districts; and a 
district court is held in each district of the Territory 
by one of the justices of the Supreme Court of the Ter- 
ritory at such time and place as may be prescribed by 



CIVIL GOVERNMENT OF THE UNITED STATES. 285 

law; and each judge, after assignment, must reside in 
the district to which he is assigned. 

336. Jurisdiction. — These courts exercise jurisdic- 
tion — original, appellate, and chancery — over all cases 
arising within the borders of the Territory unless 
otherwise provided by law. 

337. Marshal, Attorney and Clerk. — In each 
Territory, a United States marshal and an attorney are 
appointed for a term of four years by the President 
and confirmed by the Senate. The judges have power 
to appoint such clerks as may be necessary. 

JURIES. 

338. Grand and Petit. — In all of the United 

States courts there may be grand and petit juries, 
each corresponding to the grand and petit juries of 
the State courts. They are selected in such a way, 
by the various courts, as may be provided by law, and 
usually consist of twelve or sixteen men. Special 
acts are passed regulating these affairs. 

REVIEW QUESTIONS. 

1. In what is the judicial power of the United States 
vested? 2. Name the United States courts. 3. What does 
"jurisdiction" mean? 4. Explain original and concurrent 
jurisdiction. 5. Name some of the classes of suits under 
the jurisdiction of the United States courts. 6. What does 
admiralty and maritime jurisdiction mean? 7. How long 
do United States jud.es hold office? 8. Why? 9. How are 
they elected or chosen? 10. Give salary of Chief- Justice 



286 A PRACTICAL TREATISE ON THE 

and associates. 11. Who was the first Chief- Justice? and 
who is now? 12. Name one other and tell who appointed 
him. 13. Who has precedence? 14. When does the 
Supreme Court hold its sessions? 15. Give jurisdiction of 
Supreme Court. 16. What other duties has the Supreme 
Court besides hearing complaints? 17. Give other officers 
of the Supreme Court. 18. How many judicial circuits are 
there? 19. Where is the first? 20. Give two States in each 
of the others. 21. In which is your State? 22. What is 
the jurisdiction of Circuit Courts? 23. What do the Supreme 
Judges have to do with the nine judicial circuits? 24. Do the 
Supreme Judges visit the circuits? 25. Explain the duties of 
the Judges of the United States judicial circuits. 26. Who 
sits as Judge or Judges of the Circuit Courts? 27. Where are 
Circuit Courts held? 28. What are judicial districts? 29. 
How many judicial districts in your State and in which 
one are you located? 30. Are there special court-houses pro- 
vided for each district? 31. Are districts subdivided? 32. 
Tell what you can of the District Judge. 33. What is the 
jurisdiction of the District Court? 34. How are United 
States District Marshals chosen or elected and for what 
length of time? 35. Give duties, appointment, and term 
of District Attorney. 36. How is the Clerk of a District 
Court appointed, and what are his duties? 37. How many 
Circuit Courts of Appeals are there? 38. How many Judges 
for each? 39. What is the object of each. 40. Where are 
the courts located? 41. Of what is the Court of Claims 
composed? 42. How and by whom are they appointed? 43. 
Give salary and term of office of each. 44. What is the 
object of the Court of Claims? 45. What other officers has 
the Court of Claims? 46. Of what is the Court of the Dis- 
trict of Columbia composed? 47. What salary does each 
receive? 48. What is the jurisdiction and object of this 
court? 49. Explain Territorial Courts. 50. Explain Terri- 
torial District Courts. 51. What jurisdiction have they? 



CIVIL GOVERNMENT OF THE UNITED STATES. 287 



CHAPTER XIII. 



^he United Slate: 



(CONTINUED.) 



EXECUTIVE DEPARTMENT, 

339. Definition. — The word " execute 
politically to perform, to put into action, or to carry 
into effect, hence the Executive Department of our 
government is that branch which performs, puts into 
action, or carries inlo effect the laws of our country. 
It is rather the superintendent of the affairs of the 
government. 

340. President. — The executive power of the na- 
tional government is vested in the President of the 
United States. There have been up to the present 
time, with Mr. Roosevelt, twenty-five presidents, five 
of whom* became President on account of the death 
of the chief executive. 

341. Qualifications. — The President and Vice- 
President must be native-born citizens, at least thirty - 

* John Tyler, Millard Fillmore, Andrew Johnson, Chester 
A. Arthur, and Theodore Roosevelt. 



288 A PRACTICAL TREATISE O^ THE 

five years of age, and must have lived as much as four- 
teen years in the United States. 

342. Term and Salary. — The President is elected 
for a term of four years, and receives annually 
$50,000. Many of our Presidents have served two 
terms, but no one has ever served three. There is no 
national law prohibiting it, but George Washington 
set the example and custom has made it an unwritten 
law and no one has ever attempted to violate it, and 
perhaps never will, for popular opinion is very much 
against it. 

343. Vacancies. — Should a vacancy occur m the 
office of President, by death, resignation, removal 
from office, or inability to serve, the Vice-President 
takes his place. In order to prevent the office of Presi- 
dent from becoming vacant at any time, Congress 
January 19,1886, provided that in ease of death, resig- 
nation, removal from office, or inability of the Presi- 
dent and Vice-President to serve, the members of the 
Cabinet shall become President in the following order : 
1, Secretary of State; 2, Secretary of the Treasury; 3, 
Secretary of "War; 4, Attorney-General; 5, Post- 
master-General; 6, Secretary of the Navy; 7, Secre- 
tary of the Interior; 8, Secretary of Agriculture. 

No one of the above officers shall fill the office of 
President who does not possess the Constitutional 
qualifications given in Art. 339. It is the duty of any 
member of the Cabinet, on becoming President, to call 
a special session of Congress, giving only twenty days' 



CIVIL GOVERNMENT OF THE UNITED STATES. 289 

notice. Any one who becomes President has all 
the powers and duties and privileges belonging to the 
President, and draws the same salary. 

344. Vice-President. — The Vice-President has 
no duties to perform other than that of President of 
the Senate, in which case he has no vote except in 
case of ties. He is elected for a term of four years, in 
the same manner and at the same time that the Presi- 
dent of the United States is elected; except, when the 
election of President and Vice-President falls into the 
hands of Congress, the Vice-President is elected by 
the Senate and not by the House. 

If the office of Vice-President becomes vacant, the 
Senate elects a temporary President, who serves until 
the office is filled by the regular presidential election. 



ELECTION OF THE PRESIDENT. 

In order to understand the election of the Presi- 
dent, we must know something of party machinery. 
Hence we will take the matter up as nearly as pos- 
sible just as it takes place. 

345. National Committee. — Each of the great 
political parties has at present a " National Commit- 
tee." The Democratic National Committee was chosen 
by the last Democratic National Convention; the 
Eepublican National Committee was chosen by the 
last Republican National Convention, and so on with 
any political party that may exist. These committees 
19 



290 A PRACTICAL TREATISE ON THE 

continue for four years, and consist of one member 
from eacli State and Territory. The National Com- 
mittee appoints a sub-committee called 

346. Campaign Committee* — This committee 
looks after the political campaign, distributes the liter- 
ature of the party, such as speeches, pamphlets, news- 
papers, and so on, arranges for public speeches and 
selects men to make them, and collects all money 
necessary to defray the expenses of the campaign and 
the election. 

347. State Committees. — Each political party in 
the various States has what is called a State Com- 
mittee. It is usually composed of members from each 
congressional district, sometimes a member from each 
county. The duties of this committee relative to the 
State are very much like those of the National Com- 
mittee to the United States — that is, to carry on the 
political affairs of the State in the most effective way. 

348. Other Committees. — There are usually 
county committees consisting of one member from 
each township, congressional district committees con- 
sisting of one member from each county composing 
the district, and township committees. It is readily 
seen that the duties of all these committees are to 
assist in executing political plans and each to force 
its political party into power. 

349. National Convention. — A few months be- 
fore the election of a President, the National Com- 
mittee of each party designates a place and there calls 



CIVIL GOVERNMENT OF THE UNITED STATES. 291. 

a national convention for its own party. In 1904 
the Democratic National Committee selected St. 
Louis, and there called the Democratic National Con- 
vention, and the Republican National Committee 
selected Chicago, and there called its National Con- 
vention. 

350. Members. — There are more than nine hun- 
dred delegates at the National Convention, composed 
of the strongest political men of our country. The 
National Convention consists of four delegates from 
each State, two from each congressional district, and 
two from each Territory. For example : 

Forty-five States, four delegates each 180 delegates. 

Three hundred and eighty-six congressional 

districts, two delegates eacn 772 delegates. 

Six Territories, two delegates each 12 delegates. 

Total number of members in National 

Convention 964 delegates. 

351. National Convention Called. — When the 
National Committee of each party calls the National 
Convention all of the above delegates must be selected 
by the various States and Territories and sent to the 
convention. The State committee then calls a State 
convention, designating the time and place, for the 
purpose of electing or choosing delegates for the Na- 
tional Convention. Now, since the State convention 
is composed of delegates from each county, therefore 
the county committee calls a county convention for 



292 A PRACTICAL TREATISE ON THE 

the purpose of sending delegates to the State conven- 
tion, and since the county convention is composed of 
delegates from the various townships of the county, 
so the township committee calls 

352 A Township Convention, — At the township 
convention, or meeting, delegates are chosen for the 
county convention and are usually instructed to vote 
a certain way. 

353. County Convention. — The county conven- 
tion, at the stated time, convenes and proceeds at once 
to elect delegates to the State convention and to trans- 
act any other business that may be brought before it 
relating to the political affairs of the county. 

354 State Convention. — The delegates from the 
various counties of the State meet at the time speci- 
fied in the call of the State committee and organize 
themselves into a State convention, by electing a 
chairman and a clerk, or a secretary. Delegates are 
then elected to the National Convention in the follow- 
ing manner : 

(1.) The State convention as a whole elects four 
who represent the two United States Senators. 

(2.) The members from each congressional district 
elect two who represent the lower house of Congress, 
or in other words each United States representative. 
The convention elects one alternate for each delegate, 
so that in case the delegate is unable to attend the 
alternate delegate may take his place. 



CIVIL GOVERNMENT OF THE UNITED STATES. 293 

Any other business concerning the campaign or any 
business of a political nature may be brought before 
the convention, and other committees necessary to 
carry into effect the plans of the campaign are ap- 
pointed. 

355 Organization and Work of the National 
Convention. — At the time and place designated by 
the National Committee, all of the delegates from the 
various States and Territories assemble, and proceed 
to organize. The convention is called to order by the 
chairman of the National Committee. First a tem- 
porary and then afterwards a permanent chairman is 
elected. The National Committee is then appointed 
by the delegates from each State naming its member. 
A declaration of principles called a " Platform " is 
adopted. Each principle in the platform is called 
a « plank." 

356. Nomination for President. — Just before the 
close of the convention, candidates for President and 
Vice-President are nominated. It is usually post- 
poned to the close of the convention, so that the mem- 
bers may be able to ascertain who is most suitable to 
fill the office of President and Vice-President; who 
can most forcibly explain the principles set forth in 
the platform of the party, and who can most success- 
fully execute the principles of the platform. 

357. Time. — Each of the political parties having 
chosen a candidate for President and Vice-President 
at the national convention and the campaign having 



294 



A PRACTICAL TREATISE OF THE 



been completed, the people, on Tuesday after the first 
Monday in November of every year divisible by four, 
meet, at their regular polling places for electing State 
and county officers, and cast their votes for President 
and Vice-President as explained in the following para- 
graphs : 

358. Electors. — Each of the political parties in 
the various States, either in the State convention for 
electing delegates to the National Convention, or in a 
called convention for the purpose, choose as many men 
from different parts of the State as the State has Sena- 
tors and Representatives. Each party selects the same 
number. These men are called presidential electors. 
The electors in all the States, considered collectively, 
are called the " Electoral College." The vote cast by 
these men for President and Vice-President is called 
the electoral vote. The following table gives tho 
electoral vote of each State in the year 1908 : 



EACH STATE'S ELECTORAL VOTE IN THE YEAR 1908 



Alabama 

ArKfinsMS 


....11 
.... 9 


Maryland 

Massachusetts.... 

Michigan 

Minnesota 

Mississippi 

Missouri 

Montana 

Nebraska 

Nevada 

New Hampshire.. 

New Jersey 

New York. . 


.. 8 
..16 
..14 
..11 
..10 
..18 
.. 3 
.. 8 
.. 3 
.. 4 
.12 
.39 
..12 
. 4 
..23 
.. 4 


Pennsylvania 

Rhode Island . . . 
•South Carolina.. 
South Dakota... 

Tennessee 

Texas 

Utah 

Vermont 

Virginia 

Washington 

West Virginia... 

Wisconsin 

Wyoming 

Total 


...34 
... 4 


California. 

Colorado 

Connecticut . . . 

Delaware 

Fiorida 

Georgia 


....10 

.... 6 
.... 7 
.... 3 
.... 5 
.. 13 


... 9 
... 4 
...12 
.. 18 
... 3 
. 4 


Idaho 

IlliDoi8 

Indiana 

Iowa 


.... 3 
....27 
....15 
....13 
....10 
....13 
.... 7 
.... 6 


...12 
... 6 

... 7 
...13 


Kansas 

Kentucky 

Louisiana 

Maine 


North Carolina . . 
North Dakota.... 

Ohio 

Oregon 


... 3 
..476 



Seven electoral votes have been allotted by Congress to the State of 
Oklahoma when admitted into the Union. 



CIVIL GOVERNMENT OF THE UNITED STATES. 291 



359. Ticket, and Election of Electors. — Instead 
of placing the names of the candidates for President 
and Vice-President on the ticket to be voted upon as 
explained in Art. 358, the names of the electors of 
each party under their proper headings are placed on 
the ticket, as indicated on the following ballot: 



OFFICIAL BALLOT. 
Presidential Election. 


The names of the President and Vice-Presi- 
dent of each party is frequently placed on the 
ticket just above the names of the electors. 


Tuesday, Nov. 3, 1896. 


(Continued.) 


(Continued.) • 


Democratic Electors: 


Republican Electors: 


Populist Electors: 


1. S. A. Jones, 

2. H. R. Thompson, 

3. 3. W. Johnson, 

4. C. W. Connell, 

5. S. M. Powell, 

6. A, L. Spencer, 

7. D. V. Walker, 

8. J. K. Cummings. 


1. G. M. Smith, 

2. J. D. Caldwell, 

3. F.P. Manning, 

4. G. P. Do-well, 

5. C. L. Taylor, 

6. R. M. Malone, 

7. D. C. Dickson, 

8. R. K. Dolson. 


1. W. L. Williams, 

2. S. W. Brown, 

3. I. R. Borough, 

4. A. N. Hall, 

5. J. D. McCommon, 

6. E. R. Howard, 

7. P. W. George, 

8. S. 0. Banks. 



Each State, of course, has a form of ballot of its 
own, differing in form from the above, but in substance 
the same. It would not be practical to show all the 
forms of ballots here, as used by the different States. 

360. Election of Electors. — On the first Tuesday 
after the first Monday in November, at the regular 
polling places as explained in Art. 358, the people 
meet and cast their votes for the electors of their po- 
litical party. This is done by scratching off or crossing 
out the names of all the electors of the other party or 
parties. (See Arts. 190, 191, and 194.) So we see that 
the people do not vote for the President and Vice- 
President directly, but vote for men who, as we shall 
gee further on, meet and elect the President. 



296 A PRACTICAL TREATISE ON THE 

361. Returns. — After the election, the election 
commissioners of the various counties forward to the 
State capital the returns, where they are counted and 
the result declared by the Board of Election Commis- 
sioners of the State. (See Art. 174.) (7.) The Gov- 
ernor and Secretary of State issue certificates of 
election to the various electors, stating that they have 
been chosen as presidential electors. 

362. Election of President by Electors. — The 
law requires that " The electors shall meet in their 
respective States, and vote by ballot for President and 
Vice-President, one of whom, at least, shall not be an 
inhabitant of the same State with* themselves; they 
shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted for 
as Vice-President; and they shall make distinct lists 
of all persons voted for as President, and of all per- 
sons voted for as Vice-President, and of the number 
of votes for each, which list they shall sign and certify, 
and transmit, sealed, to the seat of government of the 
United States, directed to the President of the Senate. 

363. Privileges of Electors. — The law does not 
require the electors to vote for the candidate for Presi- 
dent and Vice-President of the party electing them, 
but certainly no man would be so dishonorable as not 
to voice the sentiment of the political party choosing 
him, especially when it is understood that he has been 
chosen for that purpose. At one time they were 
chosen for the purpose of deliberately electing the 



CIVIL GOVERNMENT OF THE UNITED STATES. 297 

President and Vice-President; but now it is under- 
stood that when a man is chosen elector, he will voice 
the sentiment of his party. 

364. Returns Transmitted to Congress.— At this 
meeting the electors make, sign, certify, and seal three 
separate lists containing the votes for President and 
Vice-President. Two of these lists are sent to the 
United States Senate, one by mail and the other by a 
special messenger. The third list is filed with the 
United States district judge of the district in which 
the capital is located. 

365. Counting of Votes. — " The President of the 
Senate shall, in the presence of the Senate and House 
of Representatives, open all the certificates, and the 
votes shall then be counted; the person having the 
greatest number of votes for President shall be the 
President, if such a number be a majority of the 
whole number of electors appointed." 

The law provides that " Congress shall be in session 
on the second Wednesday in February succeeding 
every meeting of electors, that the Senate and House 
of Representatives* shall meet (in joint session) in 



*Joint Meeting of the House — How Officers and 
Members Shall be Seated. — The law provides " That at 
such joint meeting of the two houses seats shall be provided 
as follows: For the President of the Senate, the Speaker's 
chair; for the Speaker, immediately upon his left; for 
the Senators, in the body of the hall upon the right of 
the presiding officers; for the Representatives, in the body 
of the hall not provided for the Senators; for the tellers, 



298 A PRACTICAL TREATISE ON THE 

the hall of the House of Representatives at the hour 
of one o'clock in the afternoon on that day, that the 
President of the Senate shall be their presiding offi- 
cer/' and that each house shall have previously ap- 
pointed two tellers to whom all certificates, as they are 
approved and read by the President of the Senate, 
shall be handed and by them listed or recorded. 

366. Election by the House. — " If no person 
have such majority, then from the persons having the 
highest numbers, not exceeding three, on the list of 
those voted for as President, the House of Repre- 
sentatives shall choose immediately by ballot the 
President. But in choosing the President, the votes 
shall be taken by States, the representation from each 
State having one vote ; a quorum for this purpose shall 
consist of a member or members from two-thirds of 
the States, and a majority of all the States shall be 
necessary to a choice. 

" And if the House of Representatives shall not 
choose a President, whenever the right of choice shall 
devolve upon them, before the fourth day of March 
next following, then the Vice-President shall act as 
President, as in the case of the death or other con- 
stitutional disability of the President." 

367. The Vote for Vice-President. — The person 



Secretary of the Senate, and Clerk of the House of Repre- 
sentatives, at the Clerk's desk; for the other officers of the 
two houses, in front of the Clerk's desk and upon each 
side of the Speaker's platform," 



CIVIL GOVERNMENT OF THE UNITED STATES. 299 

having the greatest number of votes as Vice-President 
shall be the Vice-President, if such number be a ma- 
jority of the whole number of electors appointed, and 
if no person have a majority, then from the two high- 
est numbers on the list the Senate shall choose the 
Vice-President; a quorum for the purpose shall con- 
sist of two-thirds of the whole number of Senators, 
and a majority of the whole number shall be neces- 
sary to a choice. 

368. Popular and Electoral Vote, — The sum 
of all the votes cast at any election for the electors is 
called the " Popular " vote, or the vote of the people, 
and the sum of the votes cast for President and Vice- 
President by the electors is called the " Electoral " 
vote, or the vote by the electors. It sometimes happens 
that the candidates for President and Vice-President 
are elected by the electoral vote and yet receive a 
minority of the popular vote. 

169. Majority and Plurality Vote. — A majority 
vote means more than one-half of all the votes cast, 
while a plurality means more votes than any one else 
has. Por example, A, B, and C run for office, the re- 
turns being as follows: A receives 1,250 votes, B 
receives 1,000, and C Y00. In this case A was not 
elected by a majority vote. Por 1,250 plus 1,000 plus 
700 equals 2,950 votes, this divided by 2 equals 1,475. 
In order for A to be elected by a majority vote he 
should have received no less than 1,476. But in the 
above case he was elected by a plurality of 250, be- 



300 A PRACTICAL TREATISE ON THE 

cause lie received 250 more than any one else. Most 
of our officers are elected by a plurality vote, espe- 
cially when there are more than two running for 
office. 

370. Contested Elections. — It sometimes hap- 
pens that each of the political parties in a State be- 
lieves that its electors have been duly elected. In such 
a case, both sets of electors may meet and each cast 
their votes for President and Vice-President, certify, 
seal, and send them to Congress. If the State makes 
no decision as to which is correct, the two houses may 
decide. But if the two houses fail to decide, the State 
loses its vote. After the above law was passed in 
1887, the States, under the laws governing contested 
elections in the same, always decide in order that their 
vote may not be lost. 

371. Inauguration. — The President and Vice- 
President are sworn into, or take the oath of office on 
the fourth of March next following their election. 

372. Oath. — In the presence of the Senate, the 
Vice-President is first sworn into office and afterwards 
the President, who takes the following oath, admin- 
istered by the Chief Justice of the United States 
Supreme Court: 

" I do solemnly swear (or affirm) that I will faith- 
fully execute the office of President of the United 
States; and that I will, to the best of my ability, pre- 
serve, protect, and defend the Constitution of the 
United States." 



CIVIL GOVERNMENT OF THE UNITED STATES. 301 

After the President has taken the oath of office, he 
delivers an address to the people in which he outlines 
the plans which he wishes to pursue during his admin- 
istration. This having been done, the President and 
Vice-President are ready to enter upon the discharge 
of their duties. 

373. White House. — In Washington city, an ele- 
gant mansion has been erected, and is maintained at 
public expense, in which the President and his family 
reside. 

374. President's Household Officers:- — The 
President is authorized to appoint, or employ, in his 
official household the following officers: 

1. One private secretary, at a salary of $3,500 a 
year. 

2. One assistant secretary, who shall be a short- 
hand writer, at a salary of $2,500 a year. 

3. Two executive clerks, at a salary of $2,300 a 
year each. 

4. One steward, at a salary of $2,000 a year, who 
shall, under the direction of the President, have the 
charge and custody of and be responsible for the plate, 
furniture, and other public property in the President's 
mansion, and shall discharge such other duties as the 
President may assign him, and 

5. One messenger, at a salary of $1,200 a year. 
Total expense for household officers $13,800 a year. 



302 A PRACTICAL TREATISE ON THE 

375. Receptions.— In the Declaration of Inde- 
pendence we find this clause: "All men are created 
equal.' 7 In accordance with this clause, at stated 
times, the President throws open his doors and has a 
public reception. At this time, all people, both rich 
and poor, all alike, may call upon him. This is to 
signify a spirit of equality. 

376. Administration. — The term of office for 
which the President is elected, is called an "Adminis- 
tration." When a President serves two terms, they 
are usually spoken of as his first or second adminis- 
tration. 

POWERS OF THE PRESIDENT. 

377. Responsibility. — Since the President holds 
the highest office in the gift of the people, it naturally 
follows that the greatest responsibilities rest upon him. 
They are so great that it is thought that no man is 
able to perform them well for a longer period than 
eight years. He has to direct the machinery of the 
whole government and is in a great measure held re- 
sponsible for it. Under his direction, about one hun- 
dred and twenty thousand officers are appointed to 
assist in executing the plans of the government, 

378. Commander-in-Chief. — The Constitution 
provides that the President shall be Commander-in- 
Chief of the army and navy of the United States and 
of the militia of the United States, when called into the 
actual service of the United States. Since in time of 



CIVIL GOVERNMENT OP THE UNITED STATES. 30& 

war, promptitude is one of the most important factors, 
it was thought best to put this matter into the hands 
of one man so that there would be no delay whatever 
on account of difference of opinion. 

The President, of course, is the proper person for 
the position, as he has to execute the plans of the gov- 
ernment. He does not go into the field and engage in 
actual service, but remains at the seat of government 
and superintends all operations as they are executed 
by his generals. 

379. Written Information. — The President may 
require the opinion in writing of the principal officer 
in each of the executive departments, upon any sub- 
ject relating to the duties of their respective offices. 
Any of these officers, who have charge of a single 
or an individual branch of the government, and gives 
his entire time and attention to it, is better able to 
understand and know the needs of such department 
than any one man who must superintend the whole. 

380. Pardons a ndjReprieves.— The President has 
power to grant pardons and reprieves for offences 
against the United States, except in case of impeach- 
ment. He has no power, of course, over a State court. 
He only has power to grant pardons and reprieves 
where the conviction has been in a United States 
court. 

A " reprieve " is the withdrawing of a sentence 
(usually of death) for an interval of time. It simply 
means a suspension or a delay. There are many 



304 A PRACTICAL TREATISE ON THE 

reasons why a reprieve should be granted, as for ex- 
ample, if new evidence should arise after a man has 
been condemned to death showing that he might pos- 
sibly be innocent, before his execution, these things 
ought to be determined. 

381. Treaties. — The President has power, by and 
with the advice and consent of the Senate, to make 
treaties, provided tAvo-thirds of the senators present 
concur. 

382. Appointive Power. — The President has 
power to nominate, and by and with the advice and 
consent of the Senate, appoint ambassadors,* other 
public ministersf and consuls, judges of United States 
Courts,^ and all other officers of the United States 
whose appointments are not otherwise provided for. 
Pie has power to appoint many other inferior officers 
without the advice and consent of the Senate. Con- 
gress has power to regulate these matters. 

383. Vacancies. — The President has power to fill 
all vacancies that may happen during the recess of the 
Senate, by granting commissions, which shall expire 
at the end of their next session. 

DUTIES OF THE PRESIDENT. 

384. Message, — The President, at the opening of 
each session of Congress, sends to each house, a mes- 

* See ambassadors, Article 402. 
f See ministers, Article 402. 
t See the subjects of courts. 



CIVIL GOVEENMENT OF THE UNITED STATES. 305 

sage, which is read to the members and published in 
the newspapers of the country. In this message, such 
measures are recommended, as in the opinion of the 
President, will best promote the interest and welfare 
of the people. All information that he can collect 
from the heads of the different departments is laid 
before Congress, and the passage of such, measures, as, 
in the opinion of the heads of the different depart- 
ments or the President, may seem expedient, is recom- 
mended. 

385. Special Sessions of Congress. — Whenever 
the public welfare demands it, he may call a special 
session of Congress, or he may call either house to 
convene. At a special session of Congress no business 
is transacted other than that for which the session 
was called. (See Art. 211.) 

386. Adjournment. — In case of disagreement be- 
tween the two houses with, respect to the time of ad- 
journment, he may adjourn them to such time as he 
may think proper. ~No President has ever exercised 
this authority, for such a case has never arisen. 

387. Reception of Foreign Ministers. — It de- 
volves upon the President to receive foreign min- 
isters or agents from foreign countries. He has power 
to receive or not to receive, just as he thinks proper. 
To receive a minister signifies friendly relations, or 
friendship; to refuse is the opposite. 

388. Execution of Laws. — The Constitution says, 
" He shall take care that the laws are faithfully exe- 

20 



306 A PRACTICAL TREATISE ON THE 

cuted." He is required above all things to see that 
the laws of the Union are faithfully executed and to 
see that all State officers and citizens conform to them. 

389. Commission. — All officers of the United 
States, before they enter upon the discharge of their 
duty, must be commissioned by the President. 

CABINET. 

390. Members. — The President has power to select 
at the beginning of his administration, by and with 
the consent of the Senate, nine men as his council, 
or official advisers. Congress has divided all the busi- 
ness affairs of our government into nine general 
divisions known as " Departments." The President as- 
signs to each of these departments one of the above 
nine men, known as the " Head of the Department." 
He selects men, of course, of his own political faith, 
whom he thinks to be especially qualified and adapted 
to transact such business as belongs to the department 
to which they are each assigned. The President per- 
forms most all the duties of his office through the 
bureaus, officers, agents or clerks of these departments. 
He takes them into his counsel, receives written reports 
from them, and receives such assistance from them as 
will enable him to execute the plans of the adminis- 
tration. 

391. Departments. — Congress has power to create 
new departments whenever it becomes necessary. 



CIVIL GOVERNMENT OF THE UNITED STATES. 307 

Washington's first Cabinet* consisted of a Secretary 
of State, Secretary of the Treasury, and Secretary of 
War. Congress has from time to time organized new 
departments until at present there are nine. The 
heads of these departments are as follows: 

Secretary of State ; Secretary of the Treasury ; Sec- 
retary of War ; Attorney-General ; Postmaster-Gener- 
al ; Secretary of the Navy, Secretary of the Interior ; 
Secretary of Agriculture; Secretary of Commerce 
and Labor. 

If the office of President should become vacant by 
death, resignation or removal from office of both the 
President and Vice-President, the members of the 
Cabinet would become President in the above order. 

392. Term and Salary. — The members of the 
Cabinet are appointed for a term of four years, and 
receive $8,000 a year. They are held responsible for 
the conduct and management of the affairs of their 
respective departments. Therefore they may be re- 
moved from office at any time by the President. 

393. Departmental Regulations. — The head of 
each department has power to prescribe regulations, 
not inconsistent with law, for the government of his 
department and the conduct of its officers. 

394. Cabinet Meetings. — The President holds 



*The members of Washington's first Cabinet were: 
Thomas Jefferson, Virginia, Secretary of State; Alexander 
Hamilton, New York, Secretary of the Treasury; Timothy 
Pickering, Massachusetts, Secretary of War. 



308 A PRACTICAL TREATISE ON THE 

frequent meetings of the Cabinet for the purpose of 
considering official business. Each member may sug- 
gest to him such plans as seem expedient. However, 
he may reject all and act upon his own judgment. 

395.^Reports. — The head of each of the depart- 
ments must make an annual report to Congress, set- 
ting forth the general condition of the affairs of his 
department, and. the amount of money expended, to 
whom paid and. for what purpose. 

DEPARTMENT OF STATE. 

396. Organization. — The Department of State was 
organized, with our government. It was first called 
" Department of Foreign Affairs," but afterwards 
changed, to " Department of State." It is the highest 
office in the Cabinet. The Secretary of State is the 
head of this department. 

397^ Subordinate Officers and Salaries. — The 
Secretary of State has three assistants, appointed, by 
the President, by and with the consent of the Senate, 
and. known as First Assistant Secretary of State, 
Second Assistant Secretary of State, and Third As- 
sistant Secretary of State, each of whom receive 
$3,500 a year. He has also one chief clerk at a salary 
of $2,500 a year; two chiefs of the Diplomatic Bu- 
reaus, at a salary of $2,400 a year each; two chiefs of 
the Consular Bureau, at a salary of $2,400 a year; 
one chief of the Bureau of Accounts at a salary of 
$2,400 a year; one chief of the Bureau of Indexes and 



CIVIL GOVERNMENT OF THE UNITED STATES. 309 

Archives at a salary of $2,400 a year, and one dis- 
bursing clerk. 

398. Duties. — The Secretary of State keeps the 
seal of the United States and affixes it to all commis- 
sions signed by the President. He has the custody and 
charge of all the original draughts of treaties, laws, 
public documents, as books, records, and papers, and 
carries on all the correspondence with foreign coun- 
tries. He performs all duties relative to correspond- 
ence, commission, or instruction to or with public min- 
isters or consuls from the United States. He has 
charge of all the negotiations of treaties — that is, ar- 
ranges the time and place and adjusts other matters 
which naturally precede a treaty, corresponds with 
foreign ministers and issues such instructions as will 
guide our own agents or ministers in foreign coun- 
tries. He shall within ten days after the meeting of 
Congress make a compendious statement of the affairs 
of his office. He receives foreign ministers and pre- 
sents them to the President. 

399. Passports. — The Secretary of State issues 
passports to citizens of the United States wishing to 
travel in foreign countries. It first meant, " permis- 
sion to pass through a port." It is simply a state- 
ment now, to the effect that the bearer is a citizen of 
the United States, and further, what the officer issuing 
it believes the person to be. The fee for issuing a 
passport is one dollar. 

400. Bureaus. — The business of each department 



810 A PRACTICAL TREATISE OK T2E 

has been subdivided in the same manner as the affairs 
of the government. The subdivisions of a department 
are called " Bureaus." They bear the same relation to 
a department that the department bears to the gene- 
ral government. A chief or a superintendent of the 
bureau is appointed. He looks after the business of 
his department. 

401. Diplomatic Bureau. — At the head of this 
bureau are two chiefs. They look after the " Diplo- 
matic Service " of our government, and> under the 
direction of the Secretary of State, correspond with 
.foreign ministers, and transact such business as ref- 
lates to foreign affairs* 

402. Officers. — The diplomatic officers include 
ambassadors, envoys extraordinary, ministers plenipo- 
tentiary, ministers resident, commissioners and agents. 
The duties of these officers are the same, the only dif- 
ference being in rank; such rank being determined 
by the power and influence of the country to which 
they are sent. For example: Ambassadors extra- 
ordinary and plenipotentiary are sent to France, Ger- 
many, Great Britain, Bussia, Austria, Brazil, Italy, 
Japan, Mexico, and Turkey. They receive a salary 
of $17,500 each ; ministers resident are sent to Por- 
tugal, Switzerland, Greece, etc., and receive a salary 
of $7,500 to $12,000 each. They are all sent for the 
same purpose. Commissioners are usually sent for 
a special purpose and when that is completed, return. 

403. Duties. — The diplomatic officers negotiate 



CIVIL GOVERNMENT OF THE UNITED STATES. 311 

treaties with foreign countries under the direction of 
the Secretary of State, keep our government informed 
in regard to foreign affairs, and maintain friendly 
relations with other countries. 

The law does not allow them to engage in any 
commercial transactions or in any business of any 
kind relating to commerce. 

404. Consular Bureau. — At the head of this bu- 
reau are two consular chiefs who look after the con- 
sular service, just as the chiefs of diplomatic service 
look after the business of their department. 

405. Distinction. — Before going further a distinc- 
tion should be made between diplomatic sendee and 
consular service. Diplomats are sent to the govern- 
ment as a whole and are expected to transact busi- 
ness between the two governments* while with the 
consular service it is not so. 

406. The Object. — The chief object of the con- 
sular service is to look after the commerce of our 
country. All of the officers are expected to see that 
the commercial laws of our government are enforced, 
to see that the rights of American citizens are pro- 
tected, to keep the papers of American vessels while in 
port, to hear the complaints of seamen, to care for 
mariners in destitute circumstances, to have mutinous 
sailors arrested and sent back for trial, to record the 
tonnage of vessels, the kind and value of the cargo, 
to take possession of the property of American citizens 
who die abroad and to see that it is returned to the 



312 A PRACTICAL TREATISE ON THE 

proper heirs, and to look after other affairs relative to 
commerce. 

When charges are brought, by other countries, 
against citizens of America, the case is tried frequently 
before a consul. 

407, Consular Districts. — Congress has divided 
the foreign countries into divisions called consular 
districts. In each consular district, a consular-gene- 
ral, a consul, or a commercial agent is appointed, 
who resides at the principal city of the district to 
which he is accredited; for example, the consul-gene- 
ral of Great Britain lives at London ; of British North. 
America, at Montreal ; of France, at Paris, etc. These 
officers are designated as principals, or principal offi- 
cers. 

408 Subordinate Officers. — At each of the prin- 
cipal commercial cities of the consular district, subor- 
dinate officers are appointed and are known as deputy- 
consuls or consular agents. The duties of all the 
above officers will be found in Art. 406. 

409, SubstotutcSo — Vice-consuls and vice-com- 
mercial agents are appointed for the purpose of taking 
the places of the consul-generals, consuls, or commer- 
cial agents when they are not able to perform their 
duties. Ministers resident sometimes perform the 
duties of consul. 

4:0. Salary. — All the consular officers receive 
such compensation as Congress provides. Some offi- 
cers receive $12,000, while others receive only $1,00Q. 



CIVIL GOVERNMENT OF THE UNITED STATES. 313 

TREASURY DEPARTMENT. 

451. Organization. — The Treasury Department is 
one of the original departments and provisions were 
made for it at the time of the organization of the 
National government. The head of this department 
is the Secretary of the Treasury. 

412. Duties. — The Secretary of the Treasury has 
the control and management of the entire financial 
system of our government. It is his duty to look after 
the collection of revenues, operation of national 
hanks, collection of internal revenues, coinage of 
money, inspection of steam vessels, the conduct of 
custom-houses, the marine hospital, life-saving service, 
and coast surveys; to devise or suggest plans for rais- 
ing revenues, and to manage the national debt. He 
has many and grave responsibilities, hardly suggested 
here. 

413. Officers. — To transact the business of the 
Treasury Department, it requires more than seventy 
officers. Some of the principal officers are, two as- 
sistant secretaries of the treasury, two comptrollers, 
six auditors, a treasurer, a register of the treasury, and 
the heads of the different bureaus. 

414. Assistant Secretaries. — It is the duty of 
the assistants to examine all letters, contracts, war- 
rants, or other papers or documents prepared for the 
signature of the Secretary of State. They are ar> 
pointed by the President and confirmed by the Senate, 
and receive $4,500 each. 



314 A PRACTICAL TEEATISE ON THE 

4J5. Comptrollers. — In the Treasury Department 
there are two comptrollers, designated as first and 
second. They are appointed by the President and 
confirmed by the Senate. They each receive $5,000 
a year. The First Comptroller examines all accounts 
settled by the first and the fifth auditors, and counter- 
signs certain warrants drawn by the Secretary of the 
Treasury. The Second Comptroller examines all ac- 
counts settled by the Second, Third, and Fourth 
Auditors and countersigns warrants drawn by the 
Secretaries of the War and the JSTavy departments. 

416. Auditors. — In the Treasury Department 
there are six auditors, appointed by the President 
and confirmed by the Senate. Each receives $4,000 
a year. 

Fiest Auditor settles all accounts in the civil ser- 
vice department, all accounts of judges, marshals, 
clerks, and all expenses of the United States courts, 
national debt, custom-houses, etc. 

Second Auditor settles all army accounts, Indian 
accounts, and all accounts relating to the agents of 
lead or other mines of the United States. 

Third Auditor settles all accounts relative to the 
subsistence of the army, war claims, pensions, and 
relative to other claims for losses on account of trans- 
portation. 

Fourth Auditor settles all accounts accruing in the 
ISTavy Department or relating thereto ; and all accounts 
relating to navy pensions. 



CIVIL GOVERNMENT OF THE UNITED STATES. 315 

Fifth Auditor settles all accounts relating to the 
Department of State, internal revenues, census and 
the patent office. 

Sixth Auditor settles all accounts relating to the 
postal service. 

Remark: The duties of the above auditors could 
not be treated very fully here, as space would not 
permit. On pages 46 and 47 of the United States Ke^ 
vised Statutes may be found their duties particular- 
ized. 

417. Treasurer. — In the Treasury Department 
there is one treasurer, appointed by the President and 
confirmed by the Senate. He has personal charge of 
the money, gives bond in the sum of $150,000, and 
is entitled to a salary of $6,500 a year. He has. one 
assistant appointed in the same manner as he is, who 
receives $2,800 a year. The treasurer receives all 
money and disburses the same upon warrants drawn 
by the Secretary of the Treasury, countersigned by 
either of the comptrollers, and recorded by the regis- 
ter. 

418. Register. — The President, by and with the 
consent of the Senate, appoints a register in the 
Treasury Department. His salary is $4,000 a year. 
He has one assistant appointed in the same manner 
as he is. He registers all receipts and expenditures of 
public money, and all debts due to or from the United 
States. His books show at all times the financial con- 
dition of the government. 



316 A PRACTICAL TREATISE ON THE 

419. Commissioner of Customs. — The Commis- 
sioner of Customs is appointed by the President and 
confirmed by the Senate. His salary is $4,000 a 
year. He has charge of the collection of all duties and 
customs on goods shipped from foreign countries. 

420. The Commissioner of Internal Revenue, 
under the direction of the Secretary of State, superin- 
tends the assessment and collection of all duties and 
taxes imposed by law providing for internal revenues, 
as revenues on tobacco, liquors, etc. He is appointed 
by the President and confirmed by the Senate an> I re- 
ceives $6,000 a year. 

421. The Comptroller of the Currency looks 
after the National Bank system of the United States. 
This officer is appointed by the President and con- 
firmed by the Senate. He serves for a term of live 
years at a salary of $5,000 a year. His bond is 
$100,000. This department with all of its officers is 
called a bureau. 

422. Bureau of Statistics. — The object of the 
bureau of statistics is the collection, arrangement, and 
classfication of such statistical information as may be 
produced, showing each year the condition of the man- 
ufactures, domestic trade, currency, and banks of the 
several States and Territories. At the head of this 
bureau is one division -clerk, who receives $2,500 a 
year. He is appointed by the Secretary of the 
Treasury. 

423. Bureau of the Mint. — At the head of this 



CIVIL GOVERNMENT OF THE UNITED STATES. 317 

department is an officer, appointed by the President 
and confirmed by the Senate, styled the " Director 
of the Mint." His salary is $4,500 a year. He has 
charge of the coinage of money, and all assay offices 
for the stamping or making of coins. 

424. Other Officers. — There are other officers 
who look after the coast surveys, violations of revenue 
laws, crimes against the financial system of the United 
States, marine hospital, plans for all kinds of govern- 
ment buildings, and the execution of designs for 
stamps, bank-bills, or any other designs for public 
documents. 

WAR DEPARTMENT. 

425. Organization. — The War Department is one 
of the original divisions of our government. The 
Secretary of War is the head of this department. 

426. Duties. — It is the duty of the Secretary of 
War to have charge of all the land forces, under the 
management of the President, to have the custody of 
all books, papers and documents pertaining to his de- 
partment, to superintend the expenditure of all money 
appropriated by Congress for the improvement of 
rivers, harbors, etc., of the United States; to super- 
vise the transportation of all troops, munitions of war 
and war supplies, to look after the establishment of 
signal stations, and to superintend the expenditure 
of appropriations made for the military academy at 
West Point. 



318 



A PRACTICAL TREATISE ON THE 



427. Officers. — The Secretary of War has one as- 
sistant at a salary of $4,500 a year. He performs such 
duties as the secretary may assign to him. He also 
has an adjutant-general, quartermaster-general, pay- 
master-general, inspector-general, commissary-gene^ 
ral, judge-advocate-general, surgeon-general, a chief 
of engineers, chief of ordnance, and a military justice, 
with a number of clerks to assist each. 

428. Duties of Officers. — The Adjutant-General 
issues the President's military orders, looks after army 
correspondence, and keeps all records of the army. 

The Quartermaster-General purchases and dis- 
tributes to the army all the military stores and sup- 
plies, furnishes means of transportation for the army 
and army supplies, and looks after national ceme- 
teries. 

The Paymaster-General has charge of the pay- 
ment of the army and of the officers of the military 
academy at "West Point. 

The Inspector-General looks after the inspection 
of all army equipments. 

The Commissary-General provides all necessary 
provisions for the army. 

The Surgeon-General has charge of the army 
hospital and provides medical aid for the army. 

The Chief of Engineers looks after the improve- 
ment of forts, rivers, etc. 

The Chief of Ordnance has to furnish guns, direct 



CIVIL GOVERNMENT OF THE UNITED STATES. 3l§ 

the construction of cannon, war devices, carriages, 
ammunition, wagons and other apparatus. 

The Judge- Ad vocate-General has charge of the 
prosecution of crimes committed in the army and to 
review sentences passed by military courts. 

429. Military Academy. — Congress has estab- 
lished at West Point, in the State of New York, a mili- 
tary academy for the purpose of training officers for 
the army. At the head of the school is a superin- 
tendent who is assisted by about twenty-eight teachers. 

The corps of cadets consists of one from each con- 
gressional district appointed by the congressman from 
the district, one from each Territory, one from the Dis- 
trict of Columbia, and ten from the United States at 
large appointed by the President, and all subject to 
examination. Congress allows each cadet a sum of 
money sufficient to defray his expenses while attend- 
ing school. Appointees must be between the ages of 
seventeen and twenty-two. 

DEPARTMENT OF JUSTICE. 

430. Organization. — The Department of Justice 
is one of the original divisions of government. The 
Attorney-General is the head of this department. 

431. Duties. — The Attorney-General appears as 
attorney for the United States. He is the legal adviser 
of the President and the heads of the Executive 
Department — that is, he shall give his opinion in writ- 



320 A PRACTICAL TREATISE ON THE 

ing concerning any points of law relative to the depart- 
ments. 

432. Assistants. — The Attorney-General has one 
assistant called the Solicitor-General, appointed by the 
President and confirmed by the Senate, who receives 
$7,500 a year; three assistant attorneys-general, one 
solicitor of the treasury, one solicitor of internal rev- 
enue, one naval solicitor, and one examiner of claims. 
There are a number of clerks appointed to assist each 
of the above officers in the performance of his duties. 

POST-OFFICE DEPARTMENT. 

433. Organization. — Congress, in 1829, provided 
for the establishment of the Post-Office Department. 
The Postmaster-General is the head of this depart- 
ment, 

434. Duties. — It is his duty to manage all affairs 
relating to the mail of our country, to establish and 
discontinue post-offices, to establish post-roads, to ar- 
range for the carrying of the mail, to appoint all 
postmasters whose salary is less than $1,000, to decide 
on forms of official papers, to look after the money 
order systems, etc. 

435. Divisions — The business of the Post-Office 
Department is divided into the following departments, 
with a chief clerk or a superintendent at the head 
of each: 

Post-office department, money order department, 
foreign mail department, dead letter department, mail 



CIVIL GOVERNMENT OF THE UNITED STATES. 321 

depredations and blank-agency. The duties belonging 
to each of these divisions are clearly suggested by the 
name. 

436. Assistants. — The assistants are appointed by 
the President and confirmed by the Senate and receive 
$4,500 a year. 

The First Assistant manages the establishment 
and discontinuance of post-offices, the appointment of 
postmasters, the transportation of mail by steamers, 
control of foreign mail, and the distribution of sta- 
tionery to the post-offices. 

The Second Assistant lets contracts for carrying 
the mails, agrees upon a time for the mail to arrive and 
depart, and the mode or means of conveying. By 
an act of Congress all railroads are post-roads. 

The Third Assistant looks after the financial af- 
fairs of the whole system. He provides all stamps 
and stamped envelopes necessary to supply all post- 
offices. All settlements by the postmasters through- 
out the whole country are made with him. 

NAVY DEPARTMENT. 

437* Organization. — Congress, in 1798, organized 
the Navy Department. The Secretary of the Navy 
is the head of this department. 

438. Duties. — It is the duty of the Secretary of 
the Navy to superintend the entire Navy Department, 
to look after the building of war vessels, to arrange for 
21 



322 A PRACTICAL TREATISE ON THE 

all necessary equipments for the navy, and to control 
yards and docks, navigation, repair of steam vessels, 
provisions and clothing. He has charge of the Naval 
Academy at Annapolis, lid., and the Naval Observa- 
torv at \Yashino-ton. 

439. Bureaus. — The principal bureaus of the Navy 
Department are as follows, with a chief clerk of each 
appointed by the President and confirmed by the 
Senate, whose duty it is to manage the business of 
his department as directed by the Secretary of the 
Navy: 

(1.) Bureau of Yards and Docks. (2.) Bureau of 
Equipments and Recruiting. (3.) Bureau of Naviga- 
tion. (4.) Bureau of Ordnance. (5.) Bureau of 
Construction and Repairs. (6.) Bureau of Steam En- 
gineering. (7.) Bureau of Medicine and Surgery. In 
each of these bureaus there are a number of clerks who 
assist in executing the business of the department. 

440. Duties of Bureaus. — The Bureau of Yards 
and Docks has charge of the navy-yards, docks, naval 
buildings, wharves, asylums, and naval machinery. 

The Bureau of Equipment and Recruiting looks 
after all necessary supplies, such as fuel, sails, rigging, 
anchors, seamen, sailors, and young men for the ser- 
vice. 

The Bureau of Navigation has charge of the 
Naval Academy, Naval Observatory, and supplies all 
vessels of war with appliances, such as maps, charts, 
books, and nautical almanacs w T hich are used by sailors. 



CIVIL GOVERNMENT OF THE UNITED STATES. 323 

The Bureau of Ordnance has charge of the con- 
struction of guns, torpedoes and equipments and the 
testing of cannon. 

The Bureau of Construction and Repairs looks 
after all repairs of naval equipments. 

The Bureau of Steam Engineering has the con- 
struction of all engines and machinery for the naval 
department. 

The Bureau of Provisions and Clothing provides 
all necessary provisions and clothing and distributes 
them to the naval forces. 

The Bureau of Medicine and Surgery has charge 
of all medical aid and assistance for the naval forces, 
such as the naval hospital, distribution of medicine, 
stores, and instruments for medical work. 

441. Naval Academy. — The Naval Academy at 
Annapolis, Md., was established by the National gov- 
ernment and is for the education of officers for the 
navy, just as the Military Academy prepares them 
for the army. Cadets are appointed to the Naval 
Academy just as they are appointed to the Military 
Academy. There is a superintendent who has charge 
and control of the school. He is assisted by a number 
of other teachers. Each cadet receives a sufficient 
sum of money to defray his necessary expenses at 
school. 

INTERIOR DEPARTMENT* 

442. Organization. — Congress, in 1849, created 



324 A PRACTICAL TREATISE ON THE 

the Department of the Interior. The Secretary of the 
Interior is the head of the department. As the name 
implies this is the department of internal affairs, or the 
home department. 

443. Duties.' — The Secretary of the Interior is 
charged with the supervision of public business re- 
lating to the following affairs: 

(1.) The census, when directed by law; (2) the 
public lands, including mines; (3) Indians; (4) pen- 
sions and bounty-lands; (5) patents and copyrights 
for inventors and authors; (6) custody and distribu- 
tion of publications; (7) education; (8) Government 
Hospital for the Insane; (9) Columbia Asylum for 
the Deaf and Dumb. 

At the head of each of the above bureaus, is a com- 
missioner or superintendent who is appointed by and 
with the advice and consent of the Senate. 

444. General Land Office. — The Commissioner 
of the General Land Office has charge of the Govern- 
ment Land Surveys, organization of local land dis- 
tricts, sale and disposal of public land, the issuing of 
patents and grants, and he operates and manages pub- 
lic mines. His salary is $5,000 a year. (See Govern- 
ment Land Survey by S. J. Blocher.) 

445. Indian Affairs. — The Commissioner of In- 
dian Affairs has charge of all affairs relating to the 
government of the Indians. He makes treaties with 



CIVIL GOVEKimENT OE THE UNITED STATES. 325 

them, looks after Indian lands, manages the trade with 
them, and issues rations and clothing for them. 

In different parts of the United States are large and 
well equipped schools for the Indians. These schools 
are under the general supervision of the Commissioner 
of Indian Affairs. Superintendents, principal teach- 
ers, other teachers, farmers, mechanics, matrons, and 
others are appointed by the government to have 
charge of these schools and to teach Indian children 
the above implied courses. 

446. Pensions. — The Commissioner of Pensions 
has charge of the examination of all pension claims, 
and the granting or allowing of pensions. To secure 
a pension, an individual must present to the commis- 
sioner, sufficient evidence to prove that he was in the 
service, that he contracted such disease or received 
such injuries as set forth in his claims for such pen- 
sion, and that it was the direct result of his disease or 
injury. 

447. Patents. — The Commissioner of Patents has 
charge of the granting of patents and copyrights to 
inventors and authors. This is done to encourage dis- 
coveries, improvements, inventions and authorship in 
our own country. A patent or a copyright gives the 
person exclusive sale, manufacture, and control of the 
copyright or patent for a certain number of years. 
A person may sell, dispose of, or convey a copyright 
or a patent, the same as other property. 

Patents are issued in the name of the United States 



326 A PRACTICAL TEEATISE ON THE 

of America, for a term of seventeen years. To pro- 
cure an ordinary patent, it usually costs about $60. 
Models or sketches have to be made and sent to the 
commissioner, who makes an examination of the 
records to see whether there are other things like it 
already patented. If the designs are found to be 
original and nothing patented like them, on the re- 
ceipt of the legal fee, the patent is granted. 

Copyrights are secured very much as a patent, but 
the cost is not so great. To secure a copyright, send 
to the commissioner the title page of the book or the 
design to be copyrighted, with one dollar, and if, on 
investigation, he finds that you are entitled to a copy- 
right, at his earliest convenience, it will be issued. 
After the book has been published the law requires 
two copies to be deposited in the library of Congress. 
A copyright is good for twenty-eight years and may 
be renewed for fourteen more. 

448. Census. — The Superintendent of Census is 
appointed every ten years and continues in office until 
the work of taking the census has been completed, 
which is required by law to be finished within three 
years. He superintends the taking of all the census 
of the United States. 

449. Documents. — The Superintendent of Docu- 
ments looks after the distribution of all documents 
printed for the public. 

450. Education. — It is the duty of the Commis- 
sioner of Education to collect statistics and facts show- 



CIVIL GOVERNMENT OF THE UNITED STATES. 327 

ing the condition and progress of education in the 
United States and Territories, and to diffuse such in- 
formation respecting the organization and manage- 
ment of schools and school-systems and methods of 
teaching, as will aid the people of the United States 
in the establishment and maintenance of efficient 
school-systems, and otherwise promote the cause of 
education throughout the country. 

451. Returns Office. — In this department, a clerk 
is appointed whose duty it is to file away in a system- 
atic way all contracts made by the Secretary of War, 
Secretary of the Navy, and Secretary of the Interior, 
so that at any time they may be easy of access. 

452. Geological Survey., — The Superintendent of 
Geological Surveys has charge of this department. 
He sends out scientific men to explore the different 
parts of the United States, to collect all information 
concerning animals of all the different ages, all facts 
concerning geology, natural resources of the country, 
heights of mountains and their formation, and all 
other facts that may be derived from the natural re- 
sources of the country. 

DEPARTMENT OF AGRICULTURE. 

453- Organization and Duties. — Congress, in 
1889, organized this department. Prior to that time 
it was under the management of a commissioner of 
agriculture. The Secretary of Agriculture is the 
head of this department. 



328 A PRACTICAL TREATISE ON THE 

It is the duty of this department to diffuse among 
the people of the United States useful information 
on subjects connected with agriculture, in the most 
general and comprehensive sense of that word, and to 
procure, propagate, and distribute among the people 
new and valuable seeds and plants. In the interest 
of all kinds of agricultural pursuits, he publishes and 
6ends out the reports of the weather signal service. 

DEPARTMENT OF LABOR AND COMMERCE. 

454. Organization and Duties. — The Depart- 
ment of Commerce and Labor was organized in 1903. 
George B. Gortelyou of New York was appointed by 
Roosevelt the first Cabinet officer of the department. 

The object of the department is to look after the 
commercial affairs of the United States and after 
affairs relating to labor questions. 

REVIEW QUESTIONS. 

1. What does the word " executive " mean? 2. Who is at 
the head of our government? 3. How many Vice-Presidents 
have become Presidents. 4. Give qualifications, term, and 
salary of President. 5. Who takes the President's place 
In case of death? 6. If both the President and Vice-Presi- 
dent should die, who becomes the President and in what 
order? 7. Give duties of Vice-President. 8. What is his sal- 
ary? 9. Explain (1) National committee, (2) campaign com- 
mittee, (3) State committee, (4) other committees. 10. 
Explain object of National Convention. 11. How many 
members and how many from each State, Territory, and 
congressional district? 12. Explain how the call proceeds 



CIVIL GOVERNMENT OF THE UNITED STATES. 329 

from the highest to the lowest and the response from the 
lowest to the highest. 13. Who calls the National Conven- 
tion to order? 14. Who presides during the session? 15. 
What is a " platform " and what a " plank "? 16. What do 
these signify? 17. Explain the nomination for President 
18. Give in detail the manner of electing the presidential 
electors. 19. Explain how the electors elect the President. 
20. Do electors have to vote for the candidate of the party 
electing them? 21. Explain how the officers shall be seated 
at a joint meeting for counting the votes for President. 

22. Why and how is the President elected by the House? 

23. What is meant by the electoral and what by the popu- 
lar vote? 24. What is meant by a majority and what by a 
plurality vote? 25. What is done if a State sends two sets 
of electoral votes to Congress? 26. When is the President 
inaugurated? 27. Who administers the oath? 28. Repeat 
the oath. 29. What is the President's address called and 
what does it contain? 30. Where does the President reside 

31. Give President's household officers and salary of each. 

32. Why does the President give receptions? 33. What is 
meant by an administration? 34. What office is the highest 
in the gift of the people? 35. Explain why it is the most 
responsible position. 36. Why is the President Commander- 
in-Chief of the army and navy? 37. Why does the Presi- 
dent require written information from the heads of depart- 
ments? 38. Give some of the powers of the President. 39. 
What is meant by "pardons" and "reprieves"? 40. What 
officers has he power to appoint by and with the advice 
of the Senate? 41. Give duties of the President and explain 
each. 42. What is the object of a Cabinet? 43. How many 
members are there? 44. What object does the President 
keep in view when selecting his Cabinet? 45. Give heads 
of departments in the order in which they would become 
President. 46. If both the President and Vice-President 
die, and the members of the Cabinet in the order of succes- 
sion fail to have the required qualifications, what would 
be the result? 47. How many members of Washington's 



330 A PRACTICAL TREATISE ON THE 

first Cabinet? 48. Give them and also salary of members 
of Cabinet. 49. Explain departmental regulations, Cabinet 
meetings, and reports. 50. When was the Department of 
State organized and who is the head thereof? 51. Give 
subordinate officers. 52. What are the duties of Secretary 
of State? 53. What are passports? 54. What is meant by 
a "bureau?" 55. Name the diplomatic officers. 56. Give 
difference, if any. 57. Give duties of diplomatic officers. 

58. Explain the difference between consuls and diplomats. 

59. What is a consular district? 60. What is the object 
©f the consular service? 61. What compensation do con- 
sular officers receive? 62. Do diplomats ever perform the 
duties of consuls? 63. When was the Treasury Department 
organized? 64. Give duties. 65. Name some of the officers. 
66. Give duties of (1) Assistants, (2) Comptrollers, (3) 
First Auditor, (4) Second Auditor, (5) Third Auditor, (C) 
Fourth Auditor, (7) Fifth Auditor, (8) Sixth Auditor, (9) 
Treasurer, (10) Register. 67. What are the duties of the 
commissioners of customs, and internal revenues? 68. 
Give duties of (1) Comptroller of the Currency, (2) Bureau 
of Statistics, (3) Bureau of the Mint. 69. When was the 
War Department organized? 70. Give duties. 71. Who are 
the officers of the War Department? 72. Give duties of 
each officer. 73. Where is the Military Academy? 74. 
What is the object of it? 75. Explain the appointment of 
cadetsi and how many. 76. When was the Department of 
Justice organized and who is the head thereof? 77. What 
are the duties? 78. What other offices belong to this 
department? 79. When was the Post-Office Department 
organized, and who is the head thereof? 80. What are the 
duties of this department? 81. Give divisions of this de- 
partment and duties of each. 82. What compensation do 
the assistants receive? 83. When was the Navy Depart- 
ment organized, and who is the head thereof? 84. What 
are the duties of this department? 85. Give bureaus of 
this department and duties of each. 86. Where is the Naval 



CIVIL GOVERNMENT OF THE UNITED STATES. 331 

Academy? 87. Explain it. 88. When was the Interior 
Department organized, and -who is the head thereof? 89. 
Give duties of this department. 90. Give duties of the fol- 
lowing bureaus: (1) General Land Office, (2) Indian Affairs, 
(3) Pensions, (4) Patents and Copyrights, and explain how 
they may be obtained, and for what purpose, (5) Census, 
(6) Documents, (7) Education, (8) Returns Office, (9) Geo- 
logical Survey. 91. When was the Department of Agricul- 
ture organized, and who is the head thereof? 92. What are 
the duties? 93. Why does the Secretary of Agriculture 
send out various kinds of seed to the people of the United 
States? 94. What officer in your State corresponds to the 
Secretary of Agriculture? 95. If you wished to procure a 
patent or a copyright, to whom would you apply? 96. How 
would you address your letter? 97. To whom would you 
apply for a pension? 98. Suppose you wanted a public 
document, to whom would you write?* 99. Suppose you 
wished to know something of a former treaty, to whom 
should you apply ? 



* By act of Congress, the sale of the Revised Statutes, 
Statutes at Large, and pamphlet leaves has been trans- 
ferred from the Department of State to Superintendent of 
Documents, Union Building, Washington, D. C. 



332 A PRACTICAL TREATISE ON THE 



CHAPTER XIV. 



^erritoieg. 



455. Object. — All of the territory belonging to 
the United States is, and of necessity must be, under 
some kind of government. It would not be right, of 
course, to admit a Territory into the Union, and allow 
it representation in Congress, when the population 
would not justify it. (See Art. 465.) This would 
bring about unequal representation. In order to pro- 
vide for the government of such divisions of the public 
domain as may be designated as a Territory, Congress 
has provided a " Territorial Government " and passed 
" Territorial Laws/ 7 applicable to all the Territories, 
and for their government until the population of the 
Territory has increased to such an extent as to allow 
it representation in Congress. The boundaries of 
these Territories are fixed by law and the government 
established by act of Congress. 

LEGISLATIVE DEPARTMENT. 

456. Legislative Power. — The legislative power 
in each Territory is vested in the Governor and a Leg- 



CIVIL GOVERNMENT OF THE UNITED STATES. 333 

islative Assembly, which consists of two branches, a 
Council and a House of Eepresentatives. 

457. Council. — The " Council " usually consists 
of twelve members who are appointed by the Presi- 
dent by and with the consent of the Senate, serve for 
two years, and receive six dollars per day and such 
mileage as may be provided. The Council corresponds 
to our upper house, or Senate. The President of the 
Council presides and receives as his compensation ten 
dollars per day. 

458. Representatives. — The House of Eepresen- 
tatives is composed of twenty-four members elected 
by the qualified electors of the Territory. The law 
requires the Governor, immediately after his appoint- 
ment, to cause the census of the people to be taken and 
to apportion the twenty-four members of the House 
among the various counties of the Territory. They 
are then elected by the people for a term of two years, 
receive six dollars per day and mileage, and must 
reside in the county from which they are elected. 
The Speaker of the House presides and receives ten 
dollars per day. 

459. Passage of Bills. — Every bill which passes 
each branch of a Territorial Legislature must be pre- 
sented to the Governor for his approval or disapproval. 
If he does not sign the bill, he must return it with his 
objections to the house in which it originated. If, 
after reconsideration, both houses pass it by a two- 
thirds vote, .it becomes a law as provided further on. 



334 A PEACTICAL TEEATISE ON THE 

If any bill be not returned by the Governor within 
three days, Sundays excepted, it becomes a law, in 
like manner as if he had signed it. 

All laws passed by the Legislative Assembly of any 
Territory must be submitted to Congress, and if dis- 
approved, are null and of no effect. 

460. Sessions. — At the seat of government of 
each Territory, the Legislature thereof holds biennial 
sessions. Each assembly fixes its own time for begin- 
ning; but the United States laws provide that no 
session shall be longer than forty days. 

461. Subordinate Officers. — The officers of a 
Territorial Legislature are: one chief clerk, whose 
salary is $8 a day; one assistant clerk, one enrolling 
clerk, one engrossing clerk, one sergeant-at-arms, one 
doorkeeper, one messenger, and one watchman, each 
of whom receives $5 a day. Their duties are sug- 
gested by their names. 

JUDICIAL DEPARTMENT. 

462. Courts.- — The Territorial Courts have been 
explained under the head of United States Courts 
(which see). However, we will give here a summary. 

The Supreme Court of every Territory consists of 
one chief justice and two associates, any two of whom 
constitute a quorum. Their salaries are $3,000 a year. 
They hold one term of court annually at the seat of 
government. The President, by and with the advice 
of the Senate, appoints them for a term of four years. 



CIVIL GOVERNMENT OF THE UNITED STATES. 335 

Every Territory is divided into three districts, and 
a district court held in each by one of the justices of 
the Supreme Court at such time and place as may be 
prescribed by law, and each judge, after assignment, 
must reside in the district to which he is assigned. 

There is appointed in each Territory a person 
learned in the law, to act as attorney for the United 
States. He continues in office for four years. 

The United States marshal for the Territory is 
appointed by the President for a term of four years. 
His duties are the same as any other United States 
marshal. 

The Territorial Legislature has power to establish 
such inferior courts as may be necessary. Congress 
has provided for justices' courts like those of the 
States. 

EXECUTIVE DEPARTMENT. 

463. Governor. — The executive power of each 
Territory is vested in a Governor, who is appointed 
by the President and confirmed by the Senate. He 
holds his office for a term of four years, must reside in 
the Territory for which he is appointed, and is com- 
mander-in-chief of the militia. He has power to grant 
pardons and reprieves and remit fines for offences 
against the laws of Congress till the decision of the 
President can be made known thereon. The Governor 
has power also to appoint a number of subordinate 
officers, such as a secretary, who performs such duties 



336 A PRACTICAL TREATISE ON THE 

as belong to the secretaries of States, and who, in 
case of death, resignation, or removal from office of 
the Governor becomes the Chief Executive; also an 
auditor, a treasurer, a superintendent of public in- 
struction, etc., whose duties are suggested by the 
name. 

464. Counties and Townships. — Territories are 
subdivided into counties and townships exactly as our 
States, and serve the same purpose. In each county 
and township there are officers elected by the qualified 
voters just as they are in the States. These county 
officers assist in executing all laws passed by Congress 
applicable to the Territory and all laws passed by 
the Legislature thereof just as the county officers 
of each State execute its laws. 

465. Representation in Congress. — Every Terri- 
tory has a right to send a delegate to the House of Rep- 
resentatives. He is elected by the qualified electors 
of the Territory, and serves for a term of two years. 
Each delegate has a right to debate and discuss ques- 
tions, but has no right to vote. 

ALASKA. 

466. Special Territories. — Some of the Terri- 
tories of the United States are under a form of gov- 
ernment provided especially for them. Alaska is a 
Territory of this kind and has a special form of gov- 
ernment. 

467. Districts. — All of the territory of Alaska 



is organized into a civil and judicial district, with the 
seat of government at Sitka. 

468. Governor. — For this district, a Governor is 
appointed by the President and confirmed by the 
Senate. He holds his office for a term of four years and 
must reside in the district. He is required to see 
that all laws are properly executed, and to perform 
all duties that belong to a Governor of any other Ter- 
ritory. He is commander-in-chief of the militia and 
has power to call it out at any time. 

469. Courts. — Alaska constitutes one judicial dis- 
trict, in which a judge is appointed, who holds two 
terms of court each year, one at Sitka and the other 
at TTrangel. He may hold special sessions of court 
at other places if he deems it necessary for the dis- 
patch of business. 

A clerk, who is ex officio secretary and treasurer, 
an attorney and a marshal are appointed for this dis- 
trict. 

470. Commissioners. — The Piesident appoints 
four commissioners for the district of Alaska who exer- 
cise all the duties and powers, both civil and criminal, 
now conferred on a justice of the peace of Oregon. 
These commissioners must reside in Alaska and hold 
their terms of court — one at Sitka, one at Wrangel, 
one at Oonalaska, and one at Juneau City. There is 
one deputy marshal at each of these places. 

471. Legislative Department. — The district of 
22 



338 A PRACTICAL TREATISE ON THE 

Alaska lias no legislative department. The laws of 
Oregon are declared to be the laws of Alaska in so far 
as they are applicable. 

472. Appointment. — All of the officers provided 
for in the above article — that is, the governor, judge, 
attorney, marshal, clerk, and commissioners — are ap- 
pointed for a term of four years by the President by 
and with the advice and consent of the Senate. 

INDIAN TERRITORY. 

473. Government.— In 1832, Congress set apart 
the Indian Territory as the home of the Indian. Con- 
gress from time to time had bought out different tribes 
of Indians and the white man had so encroached upon 
their territory as to make it necessary that Congress 
make some provision for their colonization, hence the 
Indian Territory was set apart for this purpose. 

474. Tribes. — The Indian Territory is settled by 
tribes, as, for example, the Choctaws, Cherokees, etc. 
The United States government exercises jurisdiction 
over and superintends the general affairs of the Terri- 
tory — that is, it requires the Indians to live consistent 
with the laws of our government. But the tribes are 
allowed to manage their own local affairs, pass or make 
their own laws, and punish offences against them. 
Each tribe, at present, still has its Indian chief, who 
is the highest officer of the tribe and who has the gen- 
eral management of the affairs of his people. 



CIVIL GOVEENMENT OF THE UNITED STATES. 339 

DISTRICT OF COLUMBIA. 

475. Government. — The District of Columbia is 
under the control of Congress. Three commissioners 
are appointed by the President by and with the con- 
sent of the Senate. These commissioners administer 
the affairs of the District. The people have no voice 
in the affairs of our government. By act of Con- 
gress, it is the permanent seat of government, and can 
never become a State. 

REVIEW QUESTIONS. 

1. Why have we organized Territories? 2. Why are they 
not admitted into the Union? 3. When may a Territory be 
admitted into the Union? 4. In what is the legislative 
power of a Territory vested? 5. How many members of 
the Council and how are they chosen? 6. To what do they 
correspond in the State? 7. How many Representatives' 
and how are they chosen? 8. To what do they correspond 
in the State? 9. Who presides over each body and how 
much do they receive per day? 10. How much do members 
receive per day? 11. Explain how bills are passed. 12. 
How often does the Legislature meet, and where? 13. How 
long may it hold? 14. How many judges of a Territorial 
court? 15. How are they appointed, how long do they 
serve, and how much do they receive? 16. How are Terri- 
tories divided and who holds the courts in these divisions? 
17. What other officers are appointed in the Territory? 18. 
What is the Chief Executive of a Territory called? 19. 
How is he appointed and for what length of time? 20. 
Give some of his duties. 21. What subordinate officers are 
appointed by him? 22. What are the subdivisions of the 
Territory? 23. How many Representatives in Congress has 
a Territory, and what powers have such Representatives? 



340 A PRACTICAL TREATISE ON THE 

24. Are all Territories governed alike? 25. How many dis- 
tricts in Alaska? 26. How is the Chief Executive chosen? 
and give his duties. 27. Explain the judicial system of 
Alaska. 28. What is the object of commissioners, and how 
many? 29. Has Alaska a legislative department, if not, 
how can they get along without it? 30. When was the 
Indian Territory set apart for the Indians, and why? 31. 
What does our government have to do with it? 32. Do the 
tribes govern themselves? 33. Who is the highest officer? 
34. Explain how the District of Columbia is governed. 35. 
Have the people a voice in the affairs of our government? 



CIVIL GOVERIQIES"T OF THE UNITED STATES. 341 

Constitution of the United States. 



PREAMBLE. 



We, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran- 
quillity, provide for the common defence, promote the gene- 
ral welfare, and secure the blessings of liberty to ourselves 
and our posterity, do ordain and establish this Constitution 
for the United States of America. 

ARTICLE I. — Legislative Department. 

Section I. — Congress in General. 

All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a 
Senate and House of Representatives. 

Section II. — House of Representatives. 

Clause 1. The House of Representatives shall be composed 
of members chosen every second year by the people of the 
several States; and the electors in each State shall have the 
qualifications requisite for electors of the most numerous 
branch of the State Legislature. 

Clause 2. No person shall be a representative who shall 
not have attained to the age of twenty-five years, and been 
seven years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State in which 
he shall be chosen. 

Clause 3. Representatives and direct taxes shall be appor- 
tioned among the several States which may be included 
within this Union, according to their respective numbers, 
which shall be determined by adding to the whole number 



342 A PRACTICAL TREATISE OT* THE 

of free persons, including those bound to service for a term 
of years, and excluding Indians not taxed, three-fifths of all 
other persons. The actual enumeration shall be made within 
three years after the first meeting of the Congress of the 
United States, and within every subsequent term of ten 
years, in such manner as they shall by law direct. The 
number of representatives shall not exceed one for every 
thirty thousand, but each State shall have at least one 
representative-; and until such enumeration shall be made, 
the State of New Hampshire shall be entitled to choose 
three, Massachusetts eight, Rhode Island and Providence 
Plantations one, Connecticut five, New York six, New Jer- 
sey four, Pennsylvania eight, Delaware one, Maryland six, 
Virginia ten, North Carolina five, South Carolina five, and 
Georgia three. 

Clause 4. When vacancies happen in the representation 
from any State, the executive authority thereof shall issue 
writs of election to fill such vacancies. 

Clause 5. The House of Representatives shall choose their 
speaker and other officers, and shall have the sole power of 
impeachment. 

Section III. — Senate. 

Clause 1. The Senate of the United States shall be com- 
posed of two senators from each State, chosen by the Legis- 
lature thereof for six years, and each senator shall have 
one vote. 

Clause 2. Immediately after they shall be assembled in 
consequence of the first election, they shall be divided, as 
equally as may be, into three classes. The seats of the sen- 
ators of the first class shall be vacated at the expiration of 
the second year, of the second class at the expiration of the 
fourth year, and of the third class at the expiration of the 
sixth year, so that one-third may be chosen every second 
year; and if vacancies happen, by resignation or otherwise, 
during the recess of the Legislature of any State, the 
executive thereof may make temporary appointments until 



CIVIL GOVERNMENT OF THE UNITED STATES. 343 

the next meeting of the Legislature, which shall then fill 
such vacancies. 

Clause 3. No person shall be a senator who shall not have 
attained to the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State for which he shall 
be chosen. 

Clause 4. The Vice-President of the United States shall be 
President of the Senate, but shall have no vote, unless they 
be equally divided. 

Clause 5. The Senate shall choose their other officers, and 
also a president pro tempore, in the absence of the Vice- 
President, or when he shall exercise the office of President 
of the United States. 

Clause 6. The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, they shall be 
on oath or affirmation. When the President of the United 
States is tried, the Chief Justice shall preside; and no person 
shall be convicted without the concurrence of two-thirds 
of the members present. 

Clause 7. Judgment in case of impeachment shall not ex- 
tend further than to removal from office, and disqualifica- 
tion to hold and enjoy any office of honor, trust, or profit 
under the United States; but the party convicted shall, 
nevertheless, be liable and subject to indictment, trial, 
judgment, and punishment according to law. 

Section IV. — Both Houses. 

Clause 1. The times, places, and manner of holding elec- 
tions for senators and representatives shall be prescribed in 
each State by the Legislature thereof; but the Congress may 
at any time, by law, make or alter such regulations, except 
as to the place of choosing senators. 

Clause 2. The Congress shall assemble at least once in 
every year, and such meeting shall be on the first Monday in 
December, unless they shall by law appoint a different day. 



344 A PR ACTIO AL TREATISE ON THE 

Section V. — The Houses Separately. 

Clause 1. Each house shall be the judge of the elections, 
returns, and qualifications of its own members, and a ma- 
jority of each shall constitute a quorum to do business; but 
a smaller number may adjourn from day to day, and may 
be authorized to compel the attendance of absent members, 
in such manner and under such penalties as each house may 
provide. 

Clause 2. Each house may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, and 
with the concurrence of two-thirds, expel a member. 

Clause 3. Each house shall keep a journal of its proceed- 
ings, and from time to time publish the same, excepting 
such parts as may in their judgment require secrecy; and 
the yeas and nays of the members of either house, on any 
question, shall, at the desire of one-fifth of those present, 
be entered on the journal. 

Clause 4. Neither house during the session of Congress 
shall, without the consent of the other, adjourn for more 
than three days, nor to any other place than that in which 
the two houses shall be sitting. 

Section VI. — Disabilities of Members. 

Clause 1. The senators and representatives shall receive a 
compensation for their services, to be ascertained by law, 
and paid out of the Treasury of the United States. They 
shall in all cases, except treason, felony, and breach of the 
peace, be privileged from arrest during their attendance at 
the session of their respective houses, and in going to or 
returning from the same; and for any speech or debate in 
either house, they shall not be questioned in any other place. 

Clause 2. No senator or representative shall, during the 
time for which he was elected, be appointed to any civil 
office under the authority of the United States, which shall 
have been created, or the emoluments whereof shall have 



CIVIL GOVEKNMENT OF THE UNITED STATES. 345 

been increased, during such time; and no person holding 
any office under the United States shall he a member of 
either house during his continuance in office. 

Section VII. — Mode of Passing Laics. 

Clause 1. All bills for raising revenue shall originate in 
the House of Representatives; but the Senate may propose 
or concur with amendments, as on other bills. 

Clause 2. Every bill which shall have passed the House of 
Representatives and the Senate shall, before it become a 
law, be presented to the President of the United States; if 
he approve, he shall sign it; but if not, he shall return it, 
with his objections, to that house in which it shall have 
originated, who shall enter the objections at large on their 
journal, and proceed to reconsider it. If, after such recon- 
sideration two-thirds of that house shall agree to pass the 
bill, it shall be sent, together with the objections, to the 
other house, by which it shall likewise be reconsidered, and 
if approved by two-thirds of that house, it shall become a 
law. But in all such cases the votes of both houses shall 
be determined by yeas and nays, and the names of the per- 
sons voting for and against the bill shall be entered on the 
journal of each house respectively. If any bill shall not be 
returned by the President within ten days (Sundays ex- 
cepted) after it shall have been presented to him, the same 
shall be a law in like manner as if he had signed it, unless 
the Congress by their adjournment prevent its return, in 
which case it shall not be a law. 

Clause 3. Every order, resolution, or vote to which the 
concurrence of the Senate and House of Representatives 
may be necessary (except on a question of adjournment) 
shall be presented to the President of the United States; and 
before the same shall take effect, shall be approved by him, 
or, being disapproved by him, shall be repassed by two- 
thirds of the Senate and House of Representatives, accord- 



346 A PRACTICAL TREATISE ON THE 

ing to the rules and limitations prescribed in the case of a 
bill. 

Section VIII. — Powers Granted to Congress. 

The Congress shall have power — 

Clause 1. To lay and Collect taxes, duties, imposts, and 
excises; to pay the debts and provide for the common de- 
fence and general welfare of the United States; but all 
duties, imposts, and excises shall be uniform throughout 
the United States; 

Clause 2. To borrow money on the credit of the United 
States; 

Clause 3. To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes; 

Clause 4. To establish a uniform rule of naturalization 
and uniform laws on the subject of bankruptcies, through- 
out the United States; 

Clause 5. To coin money, regulate the value thereof and of 
foreign coin, and fix the standard of weights and measures; 

Clause 6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States; 

Clause 7. To establish post-offices and post-roads; 

Clause 8. To promote the progress of science and useful 
arts, by securing for limited times to authors and inventors 
the exclusive right to their respective writings and dis- 
coveries; 

Clause 9. To constitute tribunals inferior to the Supreme 
Court; * 

Clause 10. To define and punish felonies committed on 
the high seas, and offences against the law of nations; 

Clause 11. To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water; 

Clause 12. To raise and support armies; but no appropria- 
tion of money to that use shall be for a longer term than 
two years; 

Clause 13. To provide and maintain a navy; 



CIVIL GOVERNMENT OF THE UNITED STATES. 347 

Clause 14. To make rules for the government and regula- 
tion of the land and naval forces; 

Clause 15. To provide for calling forth the militia to exe- 
cute the laws of the Union, suppress insurrections, and repel 
invasions; 

Clause 16. To provide for organizing, arming, and dis- 
ciplining the militia, and for governing such part of them as 
may be employed in the service of the United States, re- 
serving to the States, respectively,, the appointment of the 
officers and the authority of training the militia according 
to the discipline prescribed by Congress; 

Clause 17. To exercise exclusive legislation, in all cases 
whatsoever, over such district (not exceeding ten miles 
square) as may, by cession of particular States and the ac- 
ceptance of Congress, become the seat of government of the 
United States, and to exercise like authority over all places 
purchased, by consent of the Legislature of the State in 
which the same shall be, for the erection of forts, magazines, 
arsenals, dock-yards, and other needful buildings; and 

Clause 18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, and 
all other powers vested by this Constitution in the govern- 
ment of the United States, or in any department or officer 
thereof. 

Section IX. — Powers Denied to the United States. 

Clause 1. The migration or importation of such persons as 
any of the States now existing shall think proper to admit 
shall not be prohibited by the Congress prior to the year one 
thousand eight hundred and eight; but a tax or duty may 
be imposed on such importation, not exceeding ten dollars 
for each person. 

Clause 2. The privilege of the writ of haoeas corpus shall 
not be suspended unless when, in the case of rebellion or 
invasion, the public safety may require it. 

Clause 3. No bill of attainder or ex post facto law, shall 
be passed. 



348 A PRACTICAL TREATISE ON THE 

Clause 4. No capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration herein 
before directed to be taken. 

Clause 5. No tax or duty shall be laid on articles exported 
from any State. 

Clause 6. No preference shall be given by any regulation 
of commerce or revenue to the ports of one State over those 
of another; nor shall vessels bound to or from one State be 
obliged to enter, clear, or pay duties in another. 

Clause 7. No money shall be drawn from the Treasury 
but in consequence of appropriations made by law; and a 
regular statement and account of the receipts and expendi- 
tures of all public money shall be published from time to 
time. 

Clause 8. No title of nobility shall be granted by the 
United States; and no person holding any office of profit or 
trust under them shall, without the consent of the Congress, 
accept of any present, emolument, office, or title of any kind 
whatever, from any king, prince, or foreign state. 

Section X. — Poioers Denied to the States. 

Clause 1. No State shall enter into any treaty, alliance, or 
confederation; grant letters of marque and reprisal; coin 
money; emit bills of credit; make anything but gold and 
silver coin a tender in payment of debts; pass any bill of 
attainder, ex post facto law, or law impairing the obliga- 
tion of contracts; or grant any title of nobility. 

Clause 2. No State shall, without the consent of the Con- 
gress, lay any imposts or duties on imports or exports except 
what may be absolutely necessary for executing its inspec- 
tion laws; and the net produce of all duties and imposts 
laid by any State on imports or exports shall be for the use 
of the Treasury of the United States; and all such laws shall 
be subject to the revision and control of the Congress. 

Clause 3. No State shall, without the consent of Congress, 
lay any duty of tonnage, keep troops or ships of war in time 
of peace, enter into any agreement or compact with another 



CIVIL GOVERNMENT OF THE UNITED STATES. 349 

State or with a foreign power, or engage in war, unless ac- 
tually invaded, or in such imminent danger as will not 
admit of delays. 

ARTICLE II. — Executive Department. 

Section I. — President and Vice-President. 

Clause 1. The executive power shall be vested in a Presi- 
dent of the United States of America. He shall hold his 
office during the term of four years, and, together with the 
Vice-President, chosen for the same term, be elected as fol- 
lows: 

Clause 2. Each State shall appoint, in such manner as the 
Legislature thereof may direct, a number of electors, equal 
to the whole number of senators and representatives to 
which the State may be entitled in the Congress; but no 
senator or representative, or person holding an office of 
trust or profit under the United States, shall be appointed 
an elector. 

Clause 3. The electors shall meet in their respective States, 
and vote by ballot for two persons, of whom one at least 
shall not be an inhabitant of the same State with them- 
selves. And they shall make a list of all the persons voted 
for, and of the number of votes for each; which list they 
shall sign and certify, and transmit, sealed, to the seat of 
the government of the United States, directed to the Presi- 
dent of the Senate. The President of the Senate shall, in 
the presence of the Senate and House of Representatives, 
open all the certificates, and the votes shall then be counted. 
The person having the greatest number of votes shall be 
President, if such number be a majority of the whole num- 
ber of electors appointed; and if there be more than one 
who have such majority, and have an equal number of 
votes, then the House of Representatives shall immediately 
choose by ballot one of them for President; and if no per- 
son have a majority, then, from the five highest on the list, 
the said House shall in like manner choose the President. 



350 A PEACTICAL TEEATISE ON THE 

But in choosing the President, the votes shall be taken by 
States, the representation from each State having one vote, 
a quorum for this purpose shall consist of a member or 
members from two-thirds of the States, and a majority of 
all the States shall be necessary to a choice. In every case, 
after the choice of the President, the person having the 
greatest number of votes of the electors shall be the Vice- 
President. But if there should remain two or more who 
have equal votes, the Senate shall choose from them by 
ballot the Vice-President.* 

Clause 4. The Congress may determine the time of choos- 
ing the electors, and the day on which they shall give their 
votes, which day shall be the same throughout the United 
States. 

Clause 5. No person except a natural-born citizen, or a 
citizen of the United States at the time of the adoption of 
this Constitution, shall be eligible to the office of President; 
neither shall any person be eligible to that office who shall 
not have attained to the age of thirty-five years, and been 
fourteen years a resident within the United States. 

Clause 6. In case of the removal of the President from 
office, or of his death, resignation, or inability to discharge 
the powers and duties of the said office, the same shall de- 
volve on the Vice-President; and the Congress may by law 
provide for the case of removal, death, resignation, or in- 
ability, both of the President and Vice-President, declaring 
what officer shall then act as President; and such officer 
shall act accordingly, until the disability be removed, or a 
President shall be elected. 

Clause 7. The President shall, at stated times, receive for 
his services a compensation, which shall neither be in- 
creased nor diminished during the period for which he shall 
have been elected, and he shall not receive within that 
period any other emolument from the United States, or any 
of them. 

♦Altered by tke 12th Amendment. 



CIVIL GOVEKNMENT OF THE UNITED STATES. 351 

Clause 8. Before he enter on the execution of his office, 
he shall take the following oath or affirmation: 

" I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States, and will, 
to the best of my ability, preserve, protect, and defend the 
Constitution of the United States." 

Section II. — Powers of the President. 

Clause 1. The President shall be commander-in-chief of 
the army and navy of the United States and of the militia 
of the several States, when called into the actual service of 
the. United States; he may require the opinion in writing 
of the principal officer in each of the executive departments, 
upon any subject relating to the duties of their respective 
offices; and he shall have power to grant reprieves and par- 
dons for offences against the United States, except in cases 
of impeachment. 

Clause 2. He shall have power, by and with the advice 
and consent of the Senate, to make treaties, provided two- 
thirds of the senators present concur; and he shall nomi- 
nate, and by and with the advice and consent of the Senate 
shall appoint ambassadors, other public ministers and con- 
suls, judges of the Supreme Court, and all other officers of 
the United States, whose appointments are not herein other- 
wise provided for, and which shall be established by law; 
but the Congress may by law vest the appointment of such 
inferior officers as they think proper in the President alone, 
in the courts of law, or in the heads of departments. 

Clause 3. The President shall have power to fill up all 
vacancies that may happen during the recess of the Senate, 
by granting commissions, which shall expire at the end of 
their next session. 

Section III. — Duties of the President. 

He shall, from time to time, give to the Congress informa- 
tion of the state of the Union, and recommend to their con- 



352 A PRACTICAL TREATISE ON THE 

sideration such measures as he shall judge necessary and 
expedient; he may, on extraordinary occasions, convene 
both houses, or either of them, and in case of disagreement 
between them, with respect to the time of adjournment, he 
may adjourn them to such time as he shall think proper; 
he shall receive ambassadors and other public ministers; he 
shall take care that the laws be faithfully executed, and 
shall commission all the officers of the United States. 

Section IV. — Impeachment of the President. 

The President, Vice-President, and all civil officers of the 
United States, shall be removed from office on impeachment 
for and ^conviction of treason, bribery, or other high crimes 
and misdemeanors. 

ARTICLE III. — Judicial Department. 

Section I. — United States Courts. 

The judicial power of the United States shall be vested in 
one Supreme Court, and in such inferior courts as Congress 
may from time to time ordain and establish. The judges, 
both of the supreme and inferior courts, shall hold their 
offices during good behavior; and shall, at stated times, re- 
ceive for their services a compensation, which shall not be 
diminished during their continuance in office. 

Section II. — Jurisdiction of the United States Courts. 

Clause 1. The judicial power shall extend to all cases in 
law and equity arising under this Constitution, the laws of 
the United States, and treaties made, or which shall be 
made, under their authority; to all cases affecting ambassa- 
dors, other public ministers, and consuls; to all cases of ad- 
miralty and maritime jurisdiction; to controversies 'o 
which the United States shall be a party; to controversies 
between two or more States; between a State and citizens of 
another State; between citizens of different States; between 



CIVIL GOVERNMENT OF THE UNITED STATES. 353 

citizens of the same State claiming lands under grants of 
different States; and between a State, or the citizens thereof, 
and foreign States, citizens, or subjects.* 

Clause 2. In all cases affecting ambassadors, other public 
ministers and consuls, and those in which a State shall be 
party, the Supreme Court shall have original jurisdiction. 
In all the other cases before mentioned, the Supreme Court 
shall have appellate jurisdiction, both as to law and fact, 
with such exceptions and under such regulations as the 
Congress shall make. 

Clause 3. The trial of all crimes, except in cases of im- 
peachment, shall be by jury; and such trial shall be held in 
the State where the said crimes shall have been committed; 
but when not committed within any State, the trial shall 
be at such place or places as the Congress may by law have 
directed. 

Section III. — Treason. 

Clause 1. Treason against the United States shall consist 
only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall be 
convicted of treason unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open court. 

Clause 2. The Congress shall have power to declare the 
punishment of treason; but no attainder of treason shall 
work corruption of blood, or forfeiture, except during the 
life of the person attainted. 

ARTICLE IV. 

Section I. — State Records. 

Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceedings of every other 
State. And the Congress may, by general laws, prescribe 



*Altered by the 11th Amendment. 

23 



354 A PRACTICAL TREATISE ON THE 

the manner in which such acts, records, and proceedings 
shall he proved, and the effect thereof. 

Section II. — Privileges of Citizens, etc. 

Clause 1. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 

Clause 2. A person charged in any State with treason, 
felony, or other crime, who shall flee from justice and be 
found in another State, shall, on demand of the executive 
authority of the State from which he fled, be delivered up, 
to be removed to the State having jurisdiction of the crime. 

Clause 3. No person held to service or labor in one State, 
under the laws thereof, escaping into another, shall, in con- 
sequence of any law or regulation therein, be discharged 
from such service or labor, but shall be delivered up on 
claim of the party to whom such service or labor may be due. 

Section III. — New States and Territories. 

Clause 1. New States may be admitted by the Congress 
into this Union, but no new State shall be formed or erected 
within the jurisdiction of any other State; nor any State be 
formed by the junction of two or more States, or parts of 
States, without the consent of the Legislatures of the States 
concerned, as well as of the Congress. 

Clause 2. The Congress shall have power to dispose of, and 
make all needful rules and regulations respecting the ter- 
ritory or other property belonging to the United States; 
and nothing in this Constitution shall be so construed as to 
prejudice any claims of the United States or of any par- 
ticular State. 

Section IV. — Guarantee to the States. 

The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect 
each of them against invasion; and, on application of the 
Legislature, or of the executive (when the Legislature can- 
not be convened), against domestic violence. 



CIVIL GOVERNMENT OE THE UNITED STATES. 355 

ARTICLE V. — Poweb or Amendment. 

The Congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this Con- 
stitution, or, on the application of the Legislatures of two- 
thirds of the several States, shall call a convention for pro- 
posed amendments, which, in either case, shall be valid to 
all intents and purposes, as part of this Constitution, when 
ratified by the Legislatures of three-fourths of the several 
States, or by conventions in three-fourths thereof, as the 
one or the other mode of ratification may be proposed by 
Congress; provided, that no amendment which may be made 
prior to the year one thousand eight hundred and eight 
shall in any manner affect the first and fourth clauses in 
the ninth section of the first Article; and that no State, 
without its consent, shall be deprived of its equal suffrage 
in the Senate. 

ARTICLE VI. — Public Debt, Supbemacy of the Constitu- 
tion, Oath of Office, Religious Test. 

Clause 1. All debts contracted and engagements entered 
into before the adoption of this Constitution, shall be as 
valid against the United States under this Constitution as 
under the Confederation. 

Clause 2. This Constitution, and the laws of the United 
States which shall be made in pursuance thereof, and all 
treaties made, or which shall be made, under the authority 
of the United States, shall be the supreme law of the land; 
and the judges in every State shall be bound thereby, any- 
thing in the Constitution or laws of any State to the con- 
trary notwithstanding. 

Clause 3. The senators and representatives before men- 
tioned, and the members of the several State Legislatures, 
and all executive and judicial officers, both of the United 
States and of the several States, shall be bound by oath or 
affirmation to support this Constitution; but no religious 



356 A PRACTICAL TREATISE ON THE 

test shall ever be required as a qualification to any office 
or public trust under the United States. 

ARTICLE VII. — Ratification of the Constitution. 

The ratification of the Convention of nine States shall be 
sufficient for the establishment of this Constitution between 
the States so ratifying the same. 

Done in Convention, by the unanimous consent of the States 
present, the seventeenth day of September, in the year of 
our Lord one thousand seven hundred and eighty-seven, 
and of the Independence of the United States of America 
the twelfth. In witness whereof, we have hereunto sub- 
scribed our names. 

George Washington, President and Deputy from Virginia. 

[Here follow signatures of other deputies.] 

Attest, William Jackson, Secretary. 



AMENDMENTS TO THE CONSTITUTION. 

Article I. — Freedom of Religion, etc. 

Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof; or 
abridging the freedom of speech, or of the press; or the 
right of the people peaceably to assemble, and to petition 
the government for a redress of grievances. 

Article II. — Right to Bear Arms. 

A well-regulated militia being necessary to the security 
of a free State, the right of the people to keep and bear 
arms shall not be infringed. 



CIVIL GOVERNMENT OF THE UNITED STATES. 357 



Article III. — Soldiers in Private Houses. 

No soldier in time of peace shall be quartered in any 
house, without the consent of the owner; nor in time of 
war except in a manner to be prescribed by law. 

Article IV. — Search Warrants. 

The right of the people to be secure in their person, 
house, papers and effects, against unreasonable searches 
and seizures, shall not be violated; and no warrant shall 
issue but upon probable cause, supported by oath or affirma- 
tion, and particularly describing the place to be searched and 
the person or thing to be seized. 

Article V. — Trial for Crime, etc. 

No person shall be held to answer for a capital or other- 
wise infamous crime, unless on a presentment or indictment 
of a grand jury, except in cases arising in the land or naval 
forces, or in the militia when in active service in time of 
war or public danger; nor shall any person be subject for 
the same offence to be twice put in jeopardy of life or limb; 
nor shall be compelled, in any criminal case, to be a witness 
against himself; nor be deprived of life, liberty, or property, 
without due process of law; nor shall private property be 
taken for public use without just compensation. 

Article VI. — Rights of Accused Persons. 

In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public* trial, by an Impartial jury of 
the State and district wherein the crime shall have' been 
committed, which district shall have been previously ascer- 
tained by law, and to be informed of the nature and cause 
of the accusation; to be confronted with the witnesses 
against him; to have compulsory process for obtaining 
witnesses in his favor; and to have the assistance of coun- 
sel for his defence. 



358 A PRACTICAL TREATISE ON THE 

Article VII. — Suits at Common Law. 

In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall 
be preserved; and no fact tried by a jury shall be other- 
wise re-examined in any court of the United States than 
according to the rules of the common law. 

Article VIII. — Excessive Bail. 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

Article IX. — Reserved Rights. 

The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others retained 
by the people. 

Article X. — Reserved Powers. 

The powers not granted to the United States by the Con- 
stitution, nor prohibited by it to the States, are reserved to 
the States respectively or to the people. 

Article XI. — Suits in Law or Equity. 

The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity commenced or 
prosecuted against one of the United States by citizens of 
another State, or by citizens or subjects of any foreign State. 

Article XII.— Mode of Choosing the President and Vice- 
President. 

Clause 1. The electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, one of 



CIVIL GOVERNMENT OF THE UNITED STATES. 359 

Whom, at least, shall not be an inhabitant of the same State 
with themselves; they shall name in their ballots the per- 
son voted for as President, and in distinct ballots the person 
voted for as Vice-President, and they shall make distinct 
lists of all persons voted for as President, and of all persons 
voted for as Vice-President, and of the number of votes for 
each, which list they shall sign and certify, and transmit, 
sealed, to the seat of government of the United States, 
directed to the President of the Senate; the President of 
the Senate shall, in the presence of the Senate and House 
of Representatives, open all the certificates, and the votes 
shall then be counted; the person having the greatest num- 
ber of votes for President shall be the President, if such a 
number be a majority of the whole number of electors ap- 
pointed; and if no person have such majority, then from the 
persons having the highest numbers, not exceeding three, 
on the list of those voted for as President, the House of 
Representatives shall choose immediately by ballot the 
President. But in choosing the President, the votes shall 
be taken by States, the representation from each State hav- 
ing one vote; a quorum for this purpose shall consist of a 
member or members from two-thirds of the States and a ma- 
jority of all the States snail be necessary to a choice. And 
if the House of Representatives shall not choose a Presi- 
dent, whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the 
Vice-President shall act as President, as in the case of the 
death or other constitutional disability of the President. 

Clause 2. The person having the greatest number of votes 
as Vice-President shall be the Vice-President, if such num- 
ber be a majority of the whole number of electors appointed, 
and if no person have a majority, then from the two high- 
est numbers on the list the Senate shall choose the Vice- 
President; a quorum for the purpose shall consist of two- 
thirds of the whole number of senators, and a majority of 
the whole number shall be necessary to a choice. 



360 A PRACTICAL TREATISE ON THE 

Clause 3. But no person constitutionally ineligible to the 
office of President shall be eligible to that of Vice-President 
of the United States. 

Article XIII. — Slavery. 

Section 1. Neither slavery nor involuntary servitude, ex- 
cept as a punishment for crime, whereof the party shall 
have been duly convicted shall exist in the United States 
or any place subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this 
article by appropriate legislation. 

Abticle XIV. 

Section 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens 
of the United States and of the State wherein they reside. 
No State shall make or enforce any law which shall abridge 
the privileges or immunities of citizens of the United States; 
nor shall any State deprive any person of life, liberty, or 
property, without due process of law, nor deny to any per- 
son within its jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among 
the several States according to their respective numbers, 
counting the whole number of persons in each State, ex- 
cluding Indians not taxed. But when the right to vote at 
any election for the choice of electors for President and 
Vice-President of the United States, representatives in Con- 
gress, the executive and judicial officers of a State, or the 
members of the Legislature thereof, is denied to any of the 
male members of such State, being twenty-one years of age, 
and citizens of the United States, or in any way abridged, 
except for participation in rebellion or other crime, the 
basis of representation therein shall be reduced in the pro- 
portion which the number of such male citizens shall bear to 



CIVIL GOVERNMENT OF THE UNITED STATES. 361 

the whole number of male, citizens twenty-one years of age 
in such State. 

Section 3. No person shall be a senator or representative 
in Congress, or elector of President and Vice-President, or 
hold any office, civil or military, under the United States, 
or under any State, who, having previously taken an oath, 
as a member of Congress, or as an officer of the United 
States, or as a member of any State Legislature, or as an 
executive or judicial officer of any State, to support the Con- 
stitution of the United States, shall have engaged in insur- 
rection or rebellion against the same, or given aid or com- 
fort to the enemies thereof. But Congress may, by a vote of 
two-thirds of each house, remove such disability. 

Section 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for pay- 
ment of pensions and bounties for services in suppressing 
insurrection or rebellion, shall not be questioned. But 
neither the United States nor any State shall assume or 
pay any debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any claim for the 
loss or emancipation of any slave; but all such debts, obli- 
gations, and claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce by 
appropriate legislation the provisions of this article. 

Aeticxe XV. — Right of Suffrage. 

Section 1. The right of citizens of the United States to 
vote shall not be denied or abridged by the United States 
or by any State on account of race, color, or previous con- 
dition of servitude. 

Section 2. The Congress shall have power to enforce 
this article by appropriate legislation. 



CIVIL GOVERNMENT OF THE UNITED STATES. 363 



The Articles of Confederation. 



■Articles of Confederation and Perpetual Union between the States 
of New Hampshire, Massachusetts Bay, Rhode Island and Provi- 
dence Plantations, Connecticut, New York, New Jersey, Pennsyl- 
vania, Delaware, Maryland, Virginia, North Carolina, South 
Carolina, and Georgia. 

ARTICLE I. 

The style of this Confederacy shall be, "The United 
States of America." 

ARTICLE II. 

Each State retains its sovereignty, freedom, and independ- 
ence, and every power, jurisdiction, and right, which is not 
by this Confederation expressly delegated to the United 
States in Congress assembled. 

ARTICLE III. 

The said States hereby severally enter into a firm league 
of friendship with each other, for the common defence, the 
security of their liberties, and their mutual and general wel- 
fare, binding themselves to assist each other against all 
force offered to, or attacks made upon, them, or any of 
them, on account of religion, sovereignty, trade, or any 
other pretence whatever. 

ARTICLE IV. 

The better to secure and perpetuate mutual friendship 
and intercourse among the people of the different States in 
this Union, the free inhabitants of each of these States, 
paupers, vagabonds, and fugitives from justice excepted, 
shall be entitled to all. privileges and immunities of free 



364 A PRACTICAL TREATISE ON THE 

citizens in the several States; and the people of each State 
shall have free ingress and egress to and from any other 
State, and shall enjoy therein all the privileges of trade and 
commerce subject to the same duties, impositions, and re- 
strictions, as the inhabitants thereof respectively; pro- 
vided that such restriction shall not extend so far as to 
prevent the removal of property imported into any State 
to any other State of which the owner is an inhabitant; pro- 
vided, also, that no imposition, duties, or restriction shall 
be laid by any State on the property of the United States 
or either of them. If any person guilty of, or charged with, 
treason, felony, or other high misdemeanor 'in any State 
shall flee from justice and be found in any of the United 
States, he shall, upon demand of the Governor or executive 
power of the State from which he fled, be delivered up and 
removed to the State having jurisdiction of his offence. 
Full faith and credit shall be given in each of these States 
to the records, acts, and judicial proceedings of the courts 
and magistrates of every other State. 

ARTICLE V. 

For the more convenient management of the general in- 
terests of the United States, delegates shall be annually 
appointed in such manner as the Legislature of each State 
shall direct, to meet in Congress on the first Monday in 
November, in every year, with a power reserved to each 
State to recall its delegates, or any of them, at any time 
within the year, and to send others in their stead for the 
remainder of the year. No State shall be represented in 
Congress by less than two, nor by more than seven mem- 
bers; and no person shall be capable of being a delegate for 
more than three years in any term of six years; nor shall 
any person, being a delegate, be capable of holding any 
office under the United States for which he, or another for 
his benefit, receives any salary, fees, or emoluments of any 
kind. Each State shall maintain its own delegates in any 



CIVIL GOVERNMENT OF THE UNITED STATES. 365 

meeting of the States and while they act as members of the 
committee of the States. In determining questions in the 
United States, in Congress assembled, each State shall have 
one vote. Freedom of speech and debate in Congress shall 
not be impeached or questioned in any court or place out of 
Congress; and the members of Congress shall be protected 
in their persons from arrests and imprisonment during the 
time of their going to and from, and attendance on, Con- 
gress, except for treason, felony, or breach of the peace. 

ARTICLE VI. 

No State, without the consent of the United States, m 
Congress assembled, shall send any embassy to, or receive 
any embassy from, or enter into any conference, agreement, 
alliance, or treaty with any king, prince, or State; nor shall 
any person holding any office of profit or trust under the 
United States, or any of them, accept of any present, emolu- 
ment, office, or title of any kind whatever from any king, 
prince, or foreign State; nor shall the United States, in 
Congress assembled, or any of them, grant any title of 
nobility. 

No two or more States shall enter into any treaty, con- 
federation, or alliance between them, without the consent 
of the United States, in Congress assembled, specifying 
accurately the purposes for which the same is to be entered 
into, and how long it shall continue. 

No State shall lay any imposts or duties which may in- 
terfere with any stipulations in treaties entered into by the 
United States, in Congress assembled, with any king, prince, 
or State, in pursuance of any treaties already proposed by 
Congress to the courts of France and Spain. 

No vessel of war shall be kept up in time of peace by any 
State, except such number only as shall be deemed neces- 
sary by the United States, in Congress assembled, for the 
defence of such State or its trade, nor shall any body of 
forces be kept up by any State in time of peace, except such 
number only as, in the judgment of the United States, in 



366 A PRACTICAL TREATISE ON THE 

Congress assembled, shall be deemed requisite to garrison 
the forts necessary for the defence of such State; but every 
State shall always keep up a well-regulated and disciplined 
militia, sufficiently armed and accoutred, and shall provide 
and constantly have ready for use in public stores a due 
number of field-pieces and tents, and a proper quantity of 
arms, ammunition, and camp equipage. 

No State shall engage in any war without the consent of 
the United States, in Congress assembled, unless such State 
be actually invaded by enemies, or shall have received cer- 
tain advice of a resolution being formed by some nation 
of Indians to invade such State, and the danger is so im- 
minent as not to admit of a delay till the United States, in 
Congress assembled, can be consulted; nor shall any State 
grant commissions to any ships or vessels of war, nor letters 
of marque or reprisal, except it be after a declaration of war 
by the United States, in Congress assembled, and then only 
against the kingdom or State, and the subjects thereof, 
against which war has been so declared, and under such 
regulations as shall be established by the United States, in 
Congress assembled, unless such State be infested by pirates, 
in which case vessels of war may be fitted out for that 
occasion, and kept so long as the danger shall continue, or 
until the United States, in Congress assembled, shall deter- 
mine otherwise. 

ARTICLE VII. 

When land forces are raised by any State for the common 
defence, all officers of or under the rank of colonel shall be 
appointed by the Legislature of each State, respectively, by 
whom such forces shall be raised, or in such manner as such 
State shall direct, and all vacancies shall be filled up by 
the State which first made the appointment. 

ARTICLE VIII. 

All charges of war, and all other expenses that shall be 
incurred for the common defence, or general welfare, and 



CIVIL GOVERNMENT OF THE UNITED STATES. 3 67 

allowed by the United States, in Congress assembled, shall 
be defrayed out of a common treasury, which shall be sup- 
plied by the several States in proportion to the value of all 
land within each State, granted to, or surveyed fcr, any per- 
son, as such land and the buildings and improvements 
thereon shall be estimated, according to such mode as the 
United States, in Congress assembled, shall, from time to 
time, direct and appoint. The taxes for paying that propor- 
tion shall be laid and levied by the authority and direction 
of the Legislatures of the several States, within the time 
agreed upon by the United States, in Congress assembled. 

ARTICLE IX. 

The United States, in Congress assembled, shall have the 
sole and exclusive right and power of determining on peace 
and war, except in the cases mentioned in the sixth article; 
of sending and receiving ambassadors; entering into trea- 
ties and alliances, provided that no treaty of commerce shall 
be made, whereby the legislative power of the respective 
States shall be restrained from imposing such imposts and 
duties on foreigners as their own people are subjected to, or 
from prohibiting the exportation or importation of any 
species of goods or commodities whatever; of establishing 
rules for deciding, in all cases, what captures on land and 
water shall be legal, and in what manner prizes taken by 
land or naval forces in the service of the United States shall 
be divided or appropriated; of granting letters of marque 
and reprisal in time of peace; appointing courts for the 
trial of piracies and felonies committed on the high seas; 
and establishing courts for receiving and determining finally 
appeals in all cases of captures; provided that no member 
of Congress shall be appointed a judge of any of the said 
courts. 

The United States, in Congress assembled, shall also be 
the last resort on appeal in all disputes and differences now 
subsisting, or that hereafter may arise between two or more 
States concerning boundary jurisdiction, or any other cause 



368 A PRACTICAL TREATISE ON THE 

whatever; which authority shall always be exercised in the 
manner following: Whenever the legislative or executive 
authority, or lawful agent of any State in controversy with 
another, shall present a petition to Congress, stating the 
matter in question, and praying for a hearing, notice thereof 
shall be given by order of Congress to the legislative or 
executive authority of the other State in controversy, and 
a day assigned for the appearance of the parties by their 
lawful agents, who shall then be directed to appoint, by 
joint consent, commissioners or judges to constitute a court 
for hearing and determining the matter in question; but if 
they cannot agree, Congress shall name three persons out of 
each of the United States, and from the list of such persons 
each party shall alternately strike out one, the petitioners 
beginning, until the number shall be reduced to thirteen; 
and from that number not less than seven nor more than 
nine names, as Congress shall direct, shall, in the presence 
of Congress, be drawn out by lot; and the persons whose 
names shall be so drawn, or any five of them, shall be com- 
missioners or judges, to hear and finally determine the con- 
troversy, so always as a major part of the judges who shall 
hear the cause shall agree in the determination; and if 
either party shall neglect to attend at the day appointed, 
without showing reasons which Congress shall judge suffi- 
cient, or being present, shall refuse to strike, the Congress 
shall proceed to nominate three persons out of each State, 
and the Secretary of Congress shall strike in behalf of such 
party absent or refusing; and the judgment and sentence 
of the court, to be appointed in the manner before pre- 
scribed, shall be final and conclusive; and if any of the 
parties shall refuse to submit to the authority of such court, 
or to appear or defend their claim or cause, the court shall 
nevertheless proceed to pronounce sentence or judgment, 
which shall in like manner be final and decisive; the judg- 
ment or sentence and other proceedings being in either case 
transmitted to Congress, and lodged among the acts of Con- 
gress for the security of the parties concerned. Provided, 



CIVIL GOVERNMENT OF THE UNITED STATES. 369 

that every commissioner, before he sits in judgment, shall 
take an oath, to be administered by one of the judges of 
the supreme or superior court of the State where the cause 
shall be tried, " well and truly to hear and determine the 
matter in question, according to the best of his judgment, 
without favor, affection, or hope of reward." Provided, also, 
that no State shall be deprived of territory for the benefit 
of the United States. 

All controversies concerning the private right of soil 
claimed under different grants of two or more States, whose 
jurisdictions, as they may respect such lands, and the 
States which passed such grants are adjusted, the said 
grants, or either of them, being at the same time claimed 
to have originated antecedent to such settlement of juris- 
diction, shall, on the petition of either party to the Con- 
gress of the United States, be finally determined, as near 
as may be, in the same manner as is before prescribed for 
deciding disputes respecting territorial jurisdiction between 
different States. 

The United States, in Congress assembled, shall also 
have the sole and exclusive right and power of regulating 
the alloy and value of coin struck by their own authority, 
or by that of the respective States; fixing the standard of 
weights and measures throughout the United States; regu- 
lating the trade and managing all affairs with the Indians, 
not members of any of the States; provided that the legisla- 
tive right of any State, within its own limits, be not in- 
fringed or violated; establishing and regulating post-offices 
from one State to another, throughout all the United States, 
and exacting such postage on the papers passing through 
the same as may be requisite to defray the expenses of the 
said office; appointing all officers of the land forces in the 
service of the United States, excepting regimental officers; 
appointing all the officers of the naval forces, and commis- 
sioning all officers whatever in the service of the United 
States; making rules for the government and regulation of 



370 A PRACTICAL TREATISE OK THE 

the said land and naval forces, and directing their opera- 
tions. 

The United States, in Congress assembled, shall have 
authority to appoint a committee, to sit in the recess of 
Congress, to be denominated " A Committee of the States," 
and to consist of one delegate from each State, and to ap- 
point such other committees and civil officers as may be 
necessary for managing the general affairs of the United 
States under their direction; to appoint one of their number 
to preside; provided that no person be allowed to serve in 
the office of president more than one year in any term of 
three years; to ascertain the necessary sums of money to be 
raised for the service of the United States, and to appro- 
priate and apply the same for defraying the public expenses; 
to borrow money or emit bills on the credit of the United 
States, transmitting every half year to the respective States 
an account of the sums of money so borrowed or emitted; to 
build and equip a navy; to agree upon the number of land 
forces, and to make requisitions from each State for its 
quota, in proportion to the number of white inhabitants in 
such State, which requisition shall be binding; and there- 
upon the Legislature of each State shall appoint the regi- 
mental officers, raise the men, and clothe, arm, and equip 
them in a soldier-like manner, at the expense of the United 
States; and the officers and men so clothed, armed, and 
equipped shall march to the place appointed, and within 
the time agreed on by the United States, in Congress as- 
sembled; but if the United States, in Congress assembled, 
shall, on consideration of circumstances, judge proper that 
any State should not raise men, or should raise a smaller 
number than its quota, and that any other State should raise 
a greater number of men than the quota thereof, such extra 
number shall be raised, officered, clothed, armed' and 
equipped in the same manner as the quota of such State, 
unless the Legislature of such State shall judge that such 
extra number cannot be safely spared out of the same, in 
which case they shall raise, officer, clothe, arm, and equip 



CIVIL GOVEENMENT OF THE UNITED STATES. 371 

as many of such extra number as they judge can be safely 
spared, and the officers and men so clothed, armed, and 
equipped shall march to the place appointed, and within the 
time agreed on by the United States, in Congress assembled. 

The United States, in Congress assembled, shall never en- 
gage in a war, nor grant letters of marque and reprisal in 
time of peace, nor enter into any treaties or alliances, nor 
coin money, nor regulate the value thereof, nor ascertain 
the sums and expenses necessary for the defence and wel- 
fare of the United States, or any of them, nor emit bills, nor 
borrow money on the credit of the United States, nor appro- 
priate money, nor agree upon the number of vessels of war 
to be built or purchased, or the number of land or sea forces 
to be raised, nor appoint a commander-in-chier of the army 
or navy, unless nine States assent to the same, nor shall a 
question on any other point, except for adjourning from 
day to day, be determined, unless by the votes of a majority 
of the United States, in Congress assembled. 

The Congress of the United States shall have power to 
adjourn to any time within the year, and to any place within 
the United States, so that no period of adjournment be for 
a longer duration than the space of six months; and shall 
publish the journal of their proceedings monthly, except 
such parts thereof relating to treaties, alliances, or military 
operations as in their judgment require secrecy; and the 
yeas and nays of the delegates of each State, on any ques- 
tion, shall be entered on the journal, when it is desired by 
any delegate; and the delegates of a State, or any of them, 
at his or their request, shall be furnished with a transcript 
of the said journal except such parts as are above excepted, 
to lay before the Legislatures of the several States, 

ARTICLE X. 

The Committee of the States, or any nine of them, shall 
be authorized to execute, in the recess of Congress, such of 
the powers of Congress as the United States, in Congress 
assembled, by the consent of nine States shall, from time to 



372 A PRACTICAL TREATISE ON THE 

time, think expedient to vest them with; provided that no 
power be delegated to the said committee, for the exercise 
of which, by the Articles of Confederation, the voice of nine 
States in the Congress of the United States assembled is 
requisite. 

ARTICLE XI. 

Canada, acceding to this Confederation, and joining in the 
measures of the United States, shall be admitted into, and 
entitled to all the advantages of this Union; but no other 
colony shall be admitted into the same, unless such admis- 
sion be agreed to by nine States. 

ARTICLE XII. 

All bills of credit emitted, moneys borrowed, and debts 
contracted by or under the authority of Congress, before 
the assembling of the United States, in pursuance of the 
present Confederation, shall be deemed and considered as a 
charge against the United States, for payment and satisfac- 
tion whereof the said United States and the public faith are 
hereby solemnly pledged. 

ARTICLE XIII. 

Every State shall abide by the determinations of the 
United States, in Congress assembled, on all questions 
which by this Confederation are submitted to them. And 
the Articles of this Confederation shall be inviolably ob- 
served by every State, and the Union shall be perpetual; 
nor shall any alteration at any time hereafter be made in 
any of them, unless such alteration be agreed to in a Con- 
gress of the United States, and be afterwards confirmed by 
the Legislatures of every State. 

And whereas it hath pleased the great Governor of the 
world to incline the hearts of the Legislatures we respec- 
tively represent in Congress to approve of, and to authorize 
us to ratify, the said Articles of Confederation and perpetual 



CIVIL GOVERNMENT OF THE UNITED STATES. 373 

Union, know ye, that we, the undersigned delegates, by vir- 
tue of the power and authority to us given for that purpose, 
do, by these presents, in the name and in behalf of our re- 
spective constituents, fully and entirely ratify and confirm 
each and every of said Articles of Confederation and per- 
petual Union, and all and singular the matters and things 
therein contained. And we do further solemnly plight 
and engage the faith of our respective constituents, that 
they shall abide by the determinations of the United States, 
in Congress assembled, on all questions which by the said 
Confederation are submitted to them; and that the Articles 
thereof shall be inviolably observed by the States we re- 
spectively represent, and that the Union shall be perpetual. 
In witness whereof we have hereunto set our hands in 
Congress. Done at Philadelphia, in the State of 
Pennsylvania, the ninth day of July, in the year of 
our Lord one thousand seven hundred and seventy- 
eight, and in the third year of the independence of 
America. 
On the part and behalf of the State of New Hampshire: 

Josiah Bartlett, John Wentworth, Jr. 

On the part and behalf of the State of Massachusetts Bay: 
John Hancock, Francis Dana, 

Samuel Adams, James Lovell, 

Elbridge Gerry, Samuel Holten. 

On the part and behalf of the State of Rhode Island and 
Providence Plantations: 

William Ellery, Henry Marchant, 

John Collins. 

On the part and behalf of the State of Connecticut: 
Roger Sherman, Oliver Wolcott, 

Samuel Huntington, Titus Hosmer, 

Andrew Adams. 

On the part and behalf of the State of New York: 
Jas. Duane, Wm. Duer, 

Pra. Lewis, Gouv. Morris. 



374 A PRACTICAL TREATISE ON THE 

On the part and behalf of the State of New Jersey: 

Jno. Witherspoon. Nathl. Scudder. 

On the part and behalf of the State of Pennsylvania: 
Robt. Morris, Jona. Bayard Smith, 

Daniel Roberdeau, William Clingan, 

Joseph Reed. 
On the part and behalf of the State of Delaware: 
Tho. M'Kean, John Dickinson, 

Nicholas Van Dyke. 
On the part and behalf of the State of Maryland: 

John Hanson, Daniel Carroll. 

On the part and behalf of the State of Virginia: 
Richard Henry Lee, Thomas Adams, 

John Banister, Jno. Harvie, 

Francis Lightfoot Lee. 
On the part and behalf of the State of North Carolina: 
John Penn, Corns. Harnett, 

Jno. Williams. 
On the part and behalf of the State of South Carolina: 
Henry Laurens, John Mathews, 

William Henry Drayton, Richd. Hutson, 

Thos. Heyward, Jr. 
On the part and behalf of the State of Georgia: 
Jno. Walton, Edwd. Telfair, 

Edwd. Langworthy. 



CIVIL GOVERNMENT OF THE UNITED STATES. 376 



THE STATES AND THE UNION. 



THE THIRTEEN ORIGINAL STATES. 



No. 


States. 


Ratified 
Consti- 
tution. 


NO. 


States. 


Ratified 
Consti- 
tution. 


1 
2 
3 

4 
5 
6 

7 


Delaware 

Pennsylvania.. 

New Jersey 

Georgia 

Connecticut . . . 
Massachusetts. 
Maryland 


Dec. 7, 1787. 
Dec. 12,1787. 
Dec. 18, 1787. 
Jan. 2, 1788. 
Jan. 9, 1788. 
Feb. 6, 1788. 
April 28, 1788. 


8 
9 

10 
11 
12 
13 


South Carolina 
N'w Hampshire 

Virginia 

New York 

North Carolina 
Rhode Island. . 


May 23, 1788. 
June 21, 1788. 
June 26, 1788. 
July 26, 1788. 
Nov. 21, 1789. 
May 29,1790. 



STATES ADMITTED TO THE UNION. 



No. 



States. 



Admitted. 



NO 



States. 



Admitted. 



Vermont . . 
Kentucky . 
Tennessee. 

Ohio 

Louisiana . 
Indiana . . . 
Mississippi 
Illinois. . . . 
Alabama . . 

Maim, 

Missouri. . . 
Arkansas . . 
Michigan.. 

Florida 

Texas 

Iowa 



March 4, 1791. 
June 1, 1792. 
June 1, 1796. 
Nov. 29, 1802. 
April 8, 1812. 
Dec. 11,1816. 
Dec. 10, 1817. 
Dec. 3, 1818. 
Dec. 14, 1819. 
Mar. 15, 1820. 
Aug. 10, 1821. 
June 15, 1836. 
Jan. 26, 1837. 
Mar. 3, 1845 
Dec. 29,1845. 
Dec. 28, 1846. 



Wisconsin ... . 
California... . 

Minnesota 

Oregon 

Kansas 

West Virginia 

Nevada ... 

Nebraska 

Colorado 

North Dakota 
South Dakota 

Montana 

Washington .. 

Idaho 

Wyoming 

Utah 



May 29, 1848. 
Sept. 9, 1850. 
May 11, 1858. 
Feb. 11, 1859. 
Jan. 29, 1861. 
Dec. 31, 1862. 
Oct. 31, 1864. 
Mar. 1, 1867. 
Aug. 1,1876. 
Nov. 2, 1889. 
Nov. 2, 1889- 
Nov. 8. 1889. 
Nov. 11, 1889. 
July 3, 1890. 
July 11, 1890. 
. 1895. 



376 



A PRACTICAL TREATISE ON THE 



THE TERRITORIES. 



Territories. 


Organized. 


Territories. 


Organized. 


District of Col.. .. 


{ July 16, 1790. 
( March 3, 1791. 
June 30, 1834. 
Sept. 9, 1850. 




Feh. 24, 1863. 


Alaska... 


July 27, 1868. 
May 2,1890. 


* Indian 


Oklahoma 


New Mexico 



RATIO OF REPRESENTATION 

IN THE UNITED STATES HOUSE OF REPRESENTATIVES 



^rom 1789 to 1792 as provided by the United States Constitution 
From 1792 to 1803 based on the United States census of 1790 
From 1803 to 1813 based on the United States census of 1800 
From 1813 to 1823 based on the United States census of 1810 
From 1823 to 1833 based on the United States census of 1820 
From 1833 to 1843 based on the United States census of 1830, 
From 1843 to 1853 based on the United States census of 1840 
From 1853 to 1863 based on the United States census of 1850 
From 1863 to 1873 based on the United States census of 1860 
From 1873 to 1883 based on the United States census of 1870 
From 1883 to 1893 based on the United States census of 1880 
From 1893 to 1903 based on the United States census of 1890 



30.000 
33.000 
33.000 
35.000 
40,000 
47,700 
70,680 
93,420 
127.381 
131.425 
151,912 
173,901 



From 1903 to 1913 based on the United States census of 1900 ... 194,241 



CIVIL GOVERNMENT OF THE UNITED STATES. 377 



THE NEW APPORTIONMENT. 



Following is the Apportionment of Representatives in Congress 
and Presidential Electors under the Apportionment Law, based on 
census of 1900. 

(Rates of Apportionment 194,241.) 



STATES. 


o 

< 

Ph 
O 
Ph 


h 

cow 
WO 


6 

H 

3« 

ft 


P4 

H . 

AS 


H 
H 

O 
> 
A 

< 

K 

o 

H 

q 

h! 


Alabama 

Arkansas 


1,828,697 
1,311,564 
1,485,053 

539,700 

908,420 

184,735 

528,542 
2,216,331 

161,772 
4,821,550 
2,516,426 
2,231,853 
1,470,495 
2,147,174 
1,381,625 

694,466 
1,188.044 
2,805,346 
2,420,982 
1,751,394 
1,551,270 
3,106,665 

243,229 

1,066,300 

42,335 

411,588 , 
1,883,669 
7,263,814 
1,898,890 

319,146 
4,157 545 

413,536 
6,302,115 

428,556 
1,340,316 

401,570 


9 
6 
7 
2 
4 
1 
2 

11 
1 

24 

12 

11 
7 

11 
7 
3 
6 

14 

12 
9 
7 

15 
1 
5 
1 
2 
9 

37 
9 
1 

21 
2 

32 
2 
6 
2 


80,969 
146,472 
125,779 
142,336 
131,692 


9 

7 

8 

3 

5 

1 

3 

11 

1 

25 

13 

11 

8 

11 

7 

4 

6 

14 

12 

9 

8 

16 

1 

6 

1 

2 

10 

37 

10 

2 

21 

2 

32 

2 

7 

2 


11 
9 


California 


10 


Colorado 

Connecticut 

Delaware 


5 
7 
3 


Florida 


140,178 
80,329 


5 


Georgia 

Idaho 


13 
3 


Illinois 


141,182 
186,242 
95,851 
101,221 
11,172 
22,351 
11,920 
22,952 
86,798 
90,728 
3,756 
191,996 
193,935 
49,128 
95,390 


27 


Indiana 


15 


Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 


13 
10 
13 
9 
6 


Maryland 

Massachusetts 

Michigan 


8 
16 
14 


Minnesota 

Mississippi 

Missouri 


11 

10 

18 


Montana 


3 


Nebraska 

Nevada 


8 
3 


New Hampshire 


23,224 
136,031 
79,080 
151,252 
124,964 
79,722 
25,172 
88,291 
40.192 
175,224 
3,206 


4 


New Jersey 


12 


New York 


39 


North Carolina 


12 


North Dakota 


4 


Ohio 

Oregon 

Pennsylvania 

Rhode Island 


23 
4 

34 
4 


South Carolina 


9 


South Dakota 


4 



r 



378 



A PRACTICAL TREATISE, &C. 



THE NEW APPORTIONMENT.— Continued. 







fc 




fc 








feo 




H . 


w 


8TATES. 


o 




6 

K 

M 

*3 


04 05 


O 

!> 

•< 




< 




op 




o 

6 

w 

.J 






O 






53 




fc 


tf d 


fe 


h 


H 


Tennessee 


2,200,616 


10 


78,796 


10 


12 


Texas 


3,048,710 


15 


135,980 


16 


18 


Utah 


276,749 
343,641 


1 
1 


82,567 
249,459 


1 
2 


3 


Vermont 


4 


Virginia 


1,854,181 


9 


106,546 


10 


12 


Washington 


518,103 


2 


129,738 


3 


5 


West Virginia 


958,800 


4 


182,072 


5 


7 


Wisconsin 


2,069.042 


10 


127,222 


11 


13 


Wyoming 


92,531 


1 




1 


3 






Total 


73,787,080 


364 


4,171,115 


386 


476 



TERRITORIAL POPULATION. 



Alaska 

Arizona 

District of Col imbia... 
Hawaii 


. . 63,592 
.. 122,931 
.. 278,718 
.. 154,001 


Indian Territory . . . 

New Mexico. . . 

Oklahoma 

Philippines 


.... 392,960 
.... 195,310 
. . . 398,331 
....7,635,426 



TO THE 

State Civil Government. 



ALL REFERENCE IS TO ARTICLE UNLESS OTHERWISE STATED. 



A. 

Amendments 109 

Amendments to Bills 119 

Appeals 34 

Appellate Jurisdiction 126 

Appropriations 124 

Area of Arkansas 11 

Arkansas, Governors of 158 

Arkansas History 1 

Arkansas Industrial Uni- 
versity 200 

Arkansas Territory 2 

Assembly p. 71 

Assembly, Special Bequire- 

ments p. 76 

Assessment of Property ... 68 

Assessor 65 

Compensation 67 

Attorney-General 166 

Attorney, Prosecuting. ... 136 

Auditor p. 108 

Australian Ballot System. . 191 

B. 

Ballot System 191 

Bill, Amendments to 119 

New 120 

Passage of 114 

Eeadingof 115 

of Rights 108 

C 



Board of Equalization 79 

State Executive 174 

Bond of County and Cir- 
cuit Clerk 54 

of Sheriff and Collector 58 

of Assessor 65 

of Auditor 162 

of Commissioner of 
Mines, Manufactures 

and Agriculture 171 

of Commissioner of 

State Lands 167 

of Constable 37 

of Coroner 73 

of County Treasurer. . . 62 
of Secretary of State . . 160 

of State Treasurer 164 

of Surveyor 70 



Certificates, County and 

State 78, 169 

Chancery Court p. 96 

Districts 145 

Chancellor 146 

Change of Venue 35 

Charitable Institutions, .p. 134 

Children 15 

Certiorari 152 

Circuit Court 130 

Judge 131 

379] 



380 



INDEX. 



Circuits, Judicial 130 

Cities and Towns p. 119 

of First Class p. 120 

of Second Class p. 123 

Clerks, County and Circuit, 52 

Clerk of the House 96 

Clerk, Journal 97 

Collector 57 

Bond of 58 

of School Fund 19 

Commissions 87 

Commissioner of State 

Lands 167 

Commissioner of Mines, 
Manufactures, and Agri- 
culture p. 113 

Commissioners of Elec- 
tions 188 

Committees 116 

of the- House 117 

of the Senate 118 

Common Pleas, Court of.. 148 

Congressional Districts .... 197 

Constable. 37 

Constitution of State ... p. 139 

First p. 7 

Second p. 8 

Third p. 8 

Fourth p. 10 

Fifth p. 11 

Coroner 73 

Duties of 74 

Corporations, Municipal, p. 119 

County p. 33 

Formation of 40 

Examiner of ... 76 

Examiner, Duties of . . 78 

Buildings p. 57 

Legislative Depart- 
ment p, 35 

County Certificates 78 

County Judicial Depart- 
ment p. 35 

County and Probate Judge, 44 

County Court . . : 48 

Officers 51 

Treasurer 62 



Counties, Original 41 

Courts, Levying 82 

Court-House 84 

Courts of Records 125 

of No Records 125 

of the State 127 

Chancery p. 96 

of Common Pleas ... p. 97 

Police 180 

Supreme, Jurisdiction 

of 151 

O. 

Deputy Clerks 56 

Sheriff 60 

Directors, School 22 

Districts, Chancery 145 

Senatorial 102 

Congressional 196 

School p. 19 

Special 21 

Distribution of School 

Funds 19 

Duties of Sheriff 59 

E. 

Elections, General. p. 127 

Election Commissioners. . . 188 

Election of President 194 

Election of State Officers. . . 154 

Electoral Vote 11 

Equalization Board 79 

Examiner, County 76 

Ex-Confederate Home 199 

Executive Department of 

the State. p. 102 

Executive Mansion 159 

Expense of Elections 193 

F* 

Forbidden Powers 113 

Funds, School 18 

Collection and Distri- 
bution of 19 



INDEX. 



381 



o. 

General Assembly p. 71 

Elections p. 127 

Geologist p. 114 

Government, Kinds of 12 

Governor p. 103 

Qualifications 155 

Governors of Arkansas .... 158 
Grand Jury 141 

H 

Habeas Corpus 152 

History of Arkansas p. 5 

Home, ex-Confederate 190 

Home and School p. 14 

House 106 

of Correction 86 

of Representatives 92 

I. 

Impeachment 123 

Incorporated Towns p. 124 

Institutions, Charitable . . . 198 

J. 

Jail 84 

Journal Clerk ... 97 

Judicial Department of 

Township p. 26 

Judicial Circuits 130 

Judicial Department of the 

State p. 87 

Judge, Circuit 131 

County and Probate ... 44 
Judges of Supreme Court. . 149 
Jurisdiction of Circuit 

Court 132 

Jurisdiction of Appellate 

Court 126 

Jurisdiction of J u s ti c e s ' 

Court ; . 32 

Jurisdiction, Explanation 

of 33 

Justices of the Peace 31 



Jury 140 

Grand 141 

Petit 142 

Selection of 143 

K. 

Kinds of Government 12 



Legislature, First Territo- 
rial 3 

Legislature, Times of Meet- 

I ing 91 

Legislature, State 90 

Levying Courts 82 

M. 

Mandamus 152 

Mansion, Executive , 159 

Mayor 181 

Meeting of the Legislature. 91 

Members of the House .... 92 

Municipal Corporations.. p. 119 

Naturalization 133 

New Bills 120 

O. 

Oath of Office 42 

Officers, County 51 

of the Senate p. 69 

Salary of State 157 

Organization of the Gene- 
ral Assembly p. 71 



100 

Parents 14 

Passage of Bills 114 

Penitentiary 201 

Petit Jury 142 



382 



INDEX. 



Court, Police 180 

Poorhouse 85 

Population of the State .... 11 
Powers of the Legislature.. 112 

Powers Forbidden 113 

President of the Senate. . . . 104 
President of the Senate pro 

tern 103 

Presidential Election 195 

Privilege of Members 110 

Proper Pronunciation 5 

Property, Kinds of 68 

Prosecuting Attorney, 136 

Q. 

Qualifications of Governor. 155 
Quo Warranto 152 

R. 

Reading of Bills 115 

Real Estate 81 

Representation, Ratio of. . . 11 
Representatives, House of. 92 
Representatives, Appor- 
tionment 93 

S. 

Salary, County Officers ... 61 

County Examiner 77 

Representatives 94 

Justices 36 

County Judge 50 

State Officers 157 

School p. 16 

Directors 22 

Districts p. 19 

District, Special 21 

Funds 18 

Subjects taught 78 

Secretary of State p. 108 

Senate. 101-107 

Senatorial Districts 102 

Settlement of the State 1 



Sheriff 57 

Bond of 58 

Speaker 95 

State p. 62 

Executive Department, 

p. 102 

Certificate 169 

State Executive Boards, p. 114 
State, Constitution of.. . .p. 139 

State Institutions p. 134 

State Judicial Department, 

p. 87 

State Treasurer p. 109 

Statistics 11 

Superintendent c' Public 

Instruction 

pp. Ill, 112, art. 170 

Supersedeas 152 

Supreme Court p. 98 

Supreme Judges 149 

Surveyor .,,.,.... 70 

T. 

Taxation p. 52 

Territory, Arkansas 2 

Territorial Legislature. .... 3 

Towns and Cities. p. 119 

Township p. 23 

Kinds of 27 

Congressional 28 

Politic 29 

Treasurer, County 62 

Compensation 64 

of the State p. 109 

IT. 

United States p. 135 

University, Arkansas 200 

V. 

Vacancies 38 

Venue, Change of 35 

Voting 192 



insriDEx: 



TO THE 



Constitution of Arkansas. 



ALL REFERENCE IS TO ARTICLE AND SECTION, ARTICLE BEING PLACED FIRST. 



A. 

Action 5,32 

Agriculture 10, 1 

Aliens ...2,20 

Amendments to Constitu- 
tion 19,22 

Appeal 7,4,52 

Apportionment 8, 1-4 

Appropriations 16, 12 

Arms 2, 5 

Assessments 19, 27 

Assessor 7, 46 

Attorney-General 6, 1 

Auditor 6, 1 



Bail 2, 8-9 

Bill of Rights 2 

Bills of Attainder 2, 17 

Blind 19, 19 

Boundaries of the State ... 1 



Chancery Courts 7, 35 

Clerks of Circuit Courts. . .7, 19 

Clerks of Counties 7, 19 

Clerk of Supreme Court ... 7, 7 
Commissioner of State 
Lands 6, 1 



Commissions of Officers. . . 7, 48 

Constables.. 7, 47 

Corporation Courts 7, 43 

Corporations. . . .Arts. 12 and 17 

Counties 13, 1-5 

County Clerks 7, 19 

County Surveyor 7, 46 

Courts 7 

Criminal Proceedings. . .2, 8-21 

D. 

Deaf and Dumb 19, 19 

Declaration of Rights 2 

Defaulters 5,8 

Departments. 4 

Dueling 19, 2 

E. 

Education 14 

Elections 3 

Elections, Sch 3, 27 

Eminent Domain 2, 23 

Evidence 2, 6 

Executive Department. ... 6 
Exemptions 9 

Fees 19, 11 

Finance and Taxation 16 

Forfeiture of Estates 2,12 

Franchise and Elections. . . 3 



[383] 



384 



INDEX. 



G. 

General Assembly 5 

Governor 6, 1-2 

Grants 6, 10 

H. 

Habeas Corpus 2, 11 

I. 

Impeachment and Address, 15 
Imprisonment for Debt. . .2, 16 

Indictment 7, 49 

Injunction 7, 37 

Insane Persons 19, 19 

J. 

Judicial Circuits 18 

Judicial Department 7 

Jury Trials 2, 7,10 

Justices of the Peace 7, 38 

Justice 2, 13 

I*. 

Lands 2, 28 

Laws. 5, 19 

Legislature 5 

Libel 2, 6 

Liberty of the Press 2,6 

Limitations, Sch 1 

Lotteries 19, 14 

M. 

Manufactures 10, 1 

Married Women 9, 7 

Military Power 2, 27 

Militia 11 

Mining 10, 1, 3 

Monopolies 2, 19 

O. 

Officers 19, 3-26 

Offices 19, 9 



P. 

Paper Money 12, 10 

Perpetuities 2, 19 

Political Power 2, 1 

Political Rights 2, 2-8 

President of Senate 5, 18 

Printing, Public 19, 15 

Privileges 2, 18-19 

Prosecuting Attorneys .... 7, 24 

Public Moneys 19, 12 

Public Works 19, 16 

Pulaski Chancery Court. . 7, 44 
Punishments 2, 9 

R. 

Railroads, Canals, and 

Turnpikes 17, 1 

Religious Liberty 2, 24 

Reporter of Supreme Court 7, 7 
Residence 19, 7 

S. 

Salaries 16, 4 

19, 8,23, Sch. 28 

Schools 7 . . . . 14 

Seals, State 6, 9 

Private Sch . 1 

Seat of Government 1 

Search Warrants 2, 15 

Secretary of State 6 

Sheriffs 7, 46 

Slavery 2, 27 

Speaker of the House 5, 18 

Standing Army 2, 27 

State Geologist 10, 2 

Stationery and Supplies for 

State 19, 15 

Superintendent of Public 

Instruction 6, 21 

T. 

Taxes 16 

Treason 2, 14 

Treasurer. 6, 1 

Treasurer of County 7, 46 



INDEX. 



385 



V. 



Usury 



V. 



Vacancies 



. .. .19,13 
5, 6-6, 23 



W. 

Witnesses, Sch 2 

Witnessess, Religious Belief 

of 2,26-19,1 

Witnesses, Detention of ... . 2,9 
Writs 7, 49 



insriDiEix 



United States Civil Government. 



ALL REFERENCE IS TO ARTICLE UNLESS OTHERWISE STATED. 



A. 

Accused, Rights of 290 

Adjournment of Congress 
by the President 386 

Administration 376 

Admission of New States . . 299 

Agriculture, Department of 453 

Alaska 466 

Courts of 469 

Government of 468 

Allotment of Judicial Cir- 
cuits 312 

Amendments to United 
States Constitution 296 

Appeals, United States 
Court of 325 

Appointive Power of Presi- 
dent. . 382 

Apportionment of United 
States Representatives . 215-16 

Army and Navy, 

275, 425, 429, 437, 441 

Articles of Confederation, 

Art. 205 and pp. 361-372 

Attorney of United States 
Districts 321 

Auditors of Treasury De- 
partment 416 

[ 



B. 

Bail, Excessive 292 

Bills, Passage of 250 

Passage of in Territo- 
ries 459 

Bonds of United States 256 

Bureau, Consular 404 

Bureaus 400 

C, . 

Cabinet 390 

Meetings 394 

Term and Salary 392 

Cadets, Appointment of . . . 429 

Campaign Committee 346 

Census 448 

Chaplain. , 229 

Chief Justice, Salary of . . . . 306 
Chief Justices of United 

States Court 304 

Terms of 307 

Chief of Engineers 428 

Chief of Ordnance 428 

Circuit Courts United States 310 

of Appeals 323 

Terms ,. 3i4 

6] 



INDEX. 



387 



Circuits, Allotment of 312 

Courts of and Jurisdic- 
tion 310, 311 

Judges of 313 

Number of 310 

Citizens 284 

Clerk of the House 226 

of United States Dis- 
trict Court 322 

of Court of Appeals .... 324 

Coinage 261 

Eatio of 263 

Colonial Government 203 

Legislation 203 

Times 202 

Union 202 

Colony, Definition of (Foot 

Note) 202 

Prosperity of American 

(Foot Note) 202 

Columbia, District of 277 

Commander-in-Chief 378 

Commercial Laws 257 

Commissions 389 

Commissioner of Customs. 419 
of Internal Revenue . . . 420 

Commissary-General 428 

Committees, National 345 

Campaign 346 

State 347 

Comptroller of Currency. . . 421 

Congress, Number of 210 

Jurisdiction 253 

Powers of 253 

Powers Denied 279 

Quorum 246 

Special Sessions . . .211, 385 
Under the Confedera- 
tion 205 

Rules of 247 

Congressional Districts. . . . 217 
Congressmen-at-Large .... 219 
Congressmen and Senators, 

Salary of 220 

Confederation 207 

Duration 207 

25 



Constitution of the United 

States pp. 341-360 

Consular Bureau 404 

Districts 407 

Service, Object of 406 

Convention, National 349 

County 353 

National, Called 351 

State 354 

Township 352 

Copyright 447 

Councils of Territories .... 457 

Contested Elections 370 

County Convention 353 

Court of Claims 327 

Object 329 

Terms 328 

Court of District of Colum- 
bia 331 

Courts, United States Dis- 
trict 315 

of Appeals 325 

Districts of Territories . 335 

of Alaska 469 

Territorial 333 

Currency, Control of 421 

Customs, Commissioner of. 419 

D. 

Departments, Executive. . 339 

Judicial 300 

of Agriculture 453 

of Cabinet 391 

of Interior 442 

of Justice 430 

of Navy 437 

of Post-Office 433 

of State 396 

of State, Subordinate 

Officers 397 

of Treasury 411 

of War 425 

Departmental Regulations. 393 

Diplomatic Service 401 

Duties 403 

Officers 402 



388 



INDEX. 



Disabilities of Members of 

Congress 249 

District Attorney 321 

District of Columbia. . .277, 475 

District Courts 315-316, 331 

District Marshal . , # 320 

Districts, Congressional.... 217 
Districts (United States), 

Subdivisions of 317 

Districts, Consular 407 

Documents 449 

Doorkeeper of House (Uni- 
ted States) 227 

Duties o£ President 384 

of Attorney-General.. . 431 
of Department of Inte- 
rior 443 

of Diplomatic Officers . 403 
of Postmaster-General . 434 
of Secretary of State. . 398 
of Secretary of Navy. . 438 
of Secretary of Agri- 
culture 454 

of Speaker ( United 

States) 223 

of War Department . . . 426 

E. 

Education 450 

Elections, Contested 370 

Election of President 345 

Election of Presidential 

Electors 360-362 

Election of President by 

Electors 362 

Time 357 

Election Eeturns 361 

Election of United States 

Senators 235 

Electoral Vote 358-368 

Electors of Representatives, 213 
Executive Department. . . . 339 

of Territories ......... 463 

K. 

Form of Government 282 

Foreign Ministers, by 

whom Received 387 



General Land Office 444 

Geological Survey 452 

Governor of Alaska 468 

Governor of a Territory . . . 463 

Government, Form of 282 

Green Back 256 



H. 

House ( United States) Rep- 
resentatives 212 

Clerk of 226 

Officers of 222 

Special Powers 230 

I, 

Impeachment 231 

Indian Affairs 445 

Indian Territory 473 

Information from the 
Heads of Departments. . 379 

Inspector-General 428 

Interior Department 442 

J. 

Journal of Congress 252 

Judge Advocate-General. . . 428 
Judges (United Sfates). ... 303 
of United States Cir- 
cuits 313 

of United States Dis- 
tricts 318 

Judicial Department 300 

Districts 315 

Number of Circuits . . . 310 
Judicial Department o f 

Territories 462 

Jurisdiction of Supreme 

Court 308 

Meaning 301 

United States Courts. . 302 
Juries (United States) 338 



INDEX. 



389 



Justices of Supreme Court. 304 
Names of Chief Justices 304 

Salary of 306 

Terms of 307 

I,. 

Laws, Bankrupt [ 259 

Commercial 257 

Execution of . . . 388 

Unjust 204 

Legislative Department.. p. 232 
Time of Meeting 209 

Legislative Department of 

a Territory 456 

Powers 456 

Letters of Marque and Re- 
prisal 274 

Liberty of Speech 248 

H. 

Majority Vote 369 

Marque* ancl^ Reprisal, Let- 
ters of 274 

Marshal of United States 

Districts 320 

Measurements 267 

Members of Congress 212 

Qualifications of 214 

of Cabinet 390 

of National Committee 345 
ofl National Convention 350 
of United States Senate 233 

Militia 276 

Military Academy 429 

Mint 423 

National Committee 345 

Convention 349 

Convention, Organiza- 
tion 355 

Called 351 

National Debt 256 

Naturalization 258 

Naval Academy 441 



Navy Department 437 

New States, Admission .... 299 
Nomination for President . . 356 

O. 

Oath of Representatives . . . 245 
of President and Vice- 
President 372 

Officers, Diplomatic 402 

of House 222 

of President's House- 
hold 374 

of Senate 240 

of Supreme Court 309 

P. 

Pardons 380 

Passports 399 

Patents , 270, 447 

Paymaster-General 428 

Pensions 446 

Piracy 272 

Plurality Vote 369 

Poll-Tax... 254 

Popular Vote 368 

Postal Service 269 

Postmaster of House 228 

Postmaster-General 433 

Post-Office Department .... 433 
Powers of the House, Spe- 
cial 230 

of Congress 253 

of the President 377 

Denied Congress 279 

the State 280 

Precedence United States 

Justices 305 

President 340 

Appointive Power 382 

Commander-in-Chief. . 378 

Duties of 384 

Election of 345, 371 

Officers of Senate 238 

Qualifications of 341 

Term and Salary 342 

Presidential Election 
by the House,,,,,,. 366 



390 



INDEX. 



President's Powers 377 

Property Tax 254 

Q. 

Qualifications — 

Members of Congress. . 214 

President . 341 

Senators 234 

Quartermaster-General 428 

Quorum — 

of Congress 246 

of Court of Claims .... 328 

of Senate 246 

of Supreme Judges or 

Court 307 

of Supreme Court of 

District of Columbia. 331 

of Terriiorial Courts. . . 334 

R. 

Ratification . 298 

Ratio of Coinage 263 

Ratio of Representation p. 374 
Reception by the President 375 

Register 418 

Regulation of Departments 393 
Reports of Departments . . . 395 
Reprieves and Pardons ... 380 
Representation in Territo- 
ries 458 

Representation by States . . 218 

Vacancies in 221 

Object, (Foot Note). ... 203 
Representatives, A p p o-r - 

tionmentof 215, 216 

Electors for ... 213 

House of 212 

Oath of 245 

Territorial. 465 

Returns of Elections . > . . . . 361 

Returns Office 451 

Rules of Congress 247 

S. 

Salary of Cabinet Members . 392 



Salary of President 342 

of Representatives .... 220 

of Senators 220. 237 

of Speaker 224 

Secretaries of Agriculture. . 453 

of Interior 442 

of Navy 437 

of State 396 

of Treasury 411 

of War 426 

Senators, Object (Foot Note) 208 

Senators 233 

Senators, Qualifications of. . 234 

Election of 235 

Vacancy 236 

Senate, Officers of 238 

Senate, Continuous 243 

Security of Person 287 

Sergeant-at-Arms 225 

Sessions of Territorial Leg- 
islatures •. . . 460 

Speaker 222 

Duties 223 

Salary 224 

Special Sessions of Con- 
gress 211,385 

Special Powers of the House 230 
Special Powers of the Sen- 
ate 241 

Speech, Liberty of ... . 248 

Standard of Coinage 262 

States admitted to the 

Union p. 373 

State Committees 347 

State Convention 354 

States, Representation of. . 218 

States, Powers Denied 280 

Statistics 422 

Suffrage 285 

Suits 291 

Supreme Court 304 

Surgeon- General 428 



Tax, Property and Poll. ... 254 
Taxation 254 



INDEX. 



391 



Term of United States Cir- 
cuit Court 314 

Territories 455 

Marshal, Clerk, and 

Attorney of 337 

Territorial Courts 333, 462 

Kepresentation 458 

Legislature 456 

The New Apportionment. . 

-pp. 375-6 

The States and the Union p. 373 

Township Convention 352 

Treasury 411 

Treasury Department 411 

Auditors of 416 

Treaties, (Foot Note) 241 

Treaties 381 

17. 

United States Judges 303 



Unjust Laws 204 

Vacancies 221 

In President's Office. . . 343 

In Senate 236 

President's Power to 
Fill 282, 383 

Vice-President 382, 344 

Oath 372 

Who have become 
Presidents 340 

W. 

War Department 273, 425 

Officers of 427 

Weights 267 

White House 373 



NOV 14190? 



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